How do I prevent my son’s dad from getting custody if I die?

03/12/2010 admin 8 comments

He is a bi polar alcoholic and has not been in my son’s life since he was an infant. I could go on and on and on about how he is not capable of caring for a child. He didn’t see him or get him anything for his first Christmas and I had to force him to come to his first birthday. He parties and grew up smoking pot with his parents and I wouldn’t be surprised if he tried to do that with his own kids. He is living in a camper on someone else’s property, won’t change his mailing address because he doesn’t want the police to know where he lives, or the court so I can’t get child support set up. If I make a will and put in it that he is not a suitable parent and why, would that be sufficient or is there something else I need to do?
lol.. No! I don’t plan on dying, It’s just my worst nightmare that my ex would end up raising him, would I end up dying in an accident or something.
SolarFlare, your answer is very disturbing, you are a sick person.

QUESTIONS ABOUT SON'S ALCOHOLISM custody, from, getting, prevent, sons

Comments

Written by Hush Puppy about 1 year ago.

Get a lawyer to help you write up the will…. so that it can be done in such a way so as to prevent him from getting custody….

most likely he won’t even want custody…
Written by Emotionally Hardcore about 1 year ago.

I have a friend that’s going through the same thing. If you have a god mother/father, they can sue him for custody if they could prove that he’s not suitable. Also, I’d put it in your will. YOu should write that you want them to be eight a god mother/friend. Don’t go out of your way to write reasons in your will…
Written by R~S about 1 year ago.

Oh wow! Well, I would add that into your will. And if you have a mother or father that is still alive they should back up what you are saying when it comes to who would get custody. And hopefully that will do some good and they will gain custody. Or if you have a sibling that will be good to take your son in. I’m not sure why you would die, though… hopefully you don’t. It would be good for your son to have his real mother around. But, good luck and may all best happen when it comes to your son.
Written by jwthoughts about 1 year ago.

No. You have to have him declared an unfit parent. Otherwise, upon your death he CAN claim custody. If you have evidence of most of what you are referring, removing all parental rights should not be difficult.

And if you know where he is living, tell Child Support Enforcement. They will set up your child support without him filing change of address.

Now, all of that said, I hope that you are just being cautious and do not plan on dying before you get to raise your child.

A will does not decide custody in ANY state unless it is uncontested by the line of family, so no matter what you put in that will, the father could contest it. Your parents (or whoever is in your will could sue to show him unfit, but no matter how you write a will, it will not overstep parental rights.

By all means, put it in your will that you want your parents to have custody, because if not, his parents would have equal cause to claim custody if you proved him unfit. But the will itself is not enough.

IDONTKNOW…well thought out and expressed. I would give the 10 points to you.

divot is ABSOLUTELY INCORRECT. If you were to die, the father would have absolute rights to your child UNLESS HE WAS PROVEN IN COURT AS UNFIT. This means he comes and takes his son and disappears because unless someone sues for custody, and you CAN will authority to anyone that does not contest the family line. But as IDONTKNOW points out, you can BET that he would take the child.
Written by IDONTKNOW about 1 year ago.

A will cannot cut-off the father’s rights. A father can always assert his right to custody notwithstanding the will. Therefore, your best course of action is to attack. Don’t give me the court can’t set-up child support. Yes, they can. Go through the steps. It might create more headache, but the judge doesn’t care where he lives. He can live in an outhouse in the woods for all the court cares.

Then, give him the option – be stuck with child support or give up your parental rights to this child. If he refuses, then start to enforce the child support. Make his life hell. All states have a method to go after deadbeat dads (suspended license, nights in jail, etc.). Then, once he goes through hell, again give him the option. Relinquish your parental rights or keep paying.

Unless you beat him with a stick, he will stay around. In fact, when you pass away, he will assert his parental rights. Why? Because he will likely be appointed guardian over all the assets that are inherited by your child! Of course, this is one reason to consider establishing a trust – to keep his hands off your child’s money.
Written by divot II about 1 year ago.

In response to the incorrect answers–

The wishes concerning custody expressed in a will are generally considered by a court in awarding custody, but the legal test is the best interests of the child.

Generally godparents don’t have any special rights to petition for custody. Check with a family law attorney in your state. The legal test is the best interests of the child.

In case I wasn’t clear, the legal test is the best interests of the child.
Written by solarflare0059 about 1 year ago.

You have 2 choices, 1 .. if you think your about to die make sure he dies first(either the ex or the kid)… or 2.) you can get full parental rights, then put him up for adoption.

WEEE solutions!
Written by Jason W about 1 year ago.

You cannot control what happens to your children through a will. You can only will property.

There is no way to absolutely prevent your son’s father from regaining custody of your child upon your death, since his suitability as a parent would be determined by a court at the time of your death, in accordance with the court’s determination of what the best interests of the child are.

The best way is probably to find another person who is willing to become your son’s legal guardian upon your death, arm that person with all of the evidence that you can about why the father is unfit, write an affidavit (a statement signed under oath) explaining that it is your preference that this person be given custody of the child, and then provide funding in your will for this person to make this case in court if necessary.

Since this is an issue of some importance, I wouldn’t rely on us knuckleheads on Yahoo answers. I’d go find an attorney who specializes in family law, and get their professional advice.

How Do I Get My Son Off Drugs?

How do I prevent my son’s dad from getting custody if I die?

Comments

Recent Posts

Categories

Tags