Stone Posted November 16, 2004 Share Posted November 16, 2004 After returning from my vacartion I was so happy to come home and see my little boy. I kept thinking what if something happens to me bla bla bla In my situation I have full cusody of my son his father is not an active parent.... If something we're to happen to me would he go to his father by law or can I make a will that cusody is to be given to my parents? Can his bio father fight this? Don't know where to ask Link to post Share on other sites
LittleMiss Posted November 16, 2004 Share Posted November 16, 2004 Well sadly I think that the father would have custody. In most states there are no grandparents rights. I'm only saying this because this happened to my friends son. She was killed last year in a car accident. Her baby's father wasn't even in her or her son's life. He hadn't seen them in months and she was living with her parents. When she died her parents naturally thought that they would be her son's gaurdians. Well, out of the blue his father showed up along with his new girlfriend and their baby and took him from the grandparents. There was nothing they could do about it. He's such a jerk. Now he has him and they treat him differently than they do their daughter. Link to post Share on other sites
Author Stone Posted November 16, 2004 Author Share Posted November 16, 2004 That is what I am worried about That is the saddest story I have ever heard I hope the baby still gets to see the grandparents. I am so sorry for your friends, I am scared shi*less that this could happen Link to post Share on other sites
loveregardless Posted November 16, 2004 Share Posted November 16, 2004 of course you can. YOUR will should have all of that information in it. Contact a lawyer...and I'll do some asking myself for you. Link to post Share on other sites
LittleMiss Posted November 16, 2004 Share Posted November 16, 2004 Fortunately he does let the grandparents see him, but they are just completely heartbroken that he can't live with them so they can treat him with all the love he deserves. They also want to make sure he remembers his mom. He was only 4 when she died. I hope you don't ever have worry about this Stone. It's really tough but I think unless the father has signed over parental rights then he can take custody if that time ever comes (hopefully not!) I think about this sometimes too because my son's father isn't in his life either, but I think he wouldn't take him even if he could. He a selfish a-hole! In that case he would definately live with my mom. Link to post Share on other sites
Author Stone Posted November 16, 2004 Author Share Posted November 16, 2004 Thanks LR, I will come down right out of the sky if that SOB ever gets my kid Link to post Share on other sites
SoleMate Posted November 16, 2004 Share Posted November 16, 2004 You should see a lawyer and let him know exactly what you want to have happen in the case one of those b**bs flies up and knocks you stone cold dead. Take into account physical custody, visitation, medical care, and management of financial assets such as your life insurance payout. A document your lawyer draws up, and you share with all family members so they know it exists, will give your son lots of protection. Link to post Share on other sites
Naive Posted November 16, 2004 Share Posted November 16, 2004 Hey Stone, Well like you might now, I work in a law firm. The attorney that I work for does Probate so I asked him about this. He said that here In California at least (it should be similar in other states) YOU can choose who your child stays with, since you do have full custody of your child, it's all up to you. You have to make a Trust though. He can however fight that if he wants, but the odds of him getting custody are slim since he has a bad record. You should contact a Probate attorney near your home-town. If you have any more questions let me know. No worries, YOU and only YOU have full custody now so YOU and only YOU can make the decision of what happens when you are not here anymore, if that were the case, God forbid. By law I have to tell you that I am not an attorney, I am a legal assistant and cannot advice you but I can give you my opinion and this info was given to me by an attorney at law. Link to post Share on other sites
DayumQuitPlayin Posted November 16, 2004 Share Posted November 16, 2004 This happened to a friend of mine. If you have full custody.. then yea.. You can decide who your children can live with.. but the Father can fight it. Most likely though he'll lose if he hasn't really been in the children's life.. or has a bad record..etc.. The father did fight.. and could have won.. but for the fact that he served time in Prison.. that kinda made the Judge decide to not give him custody. Good Lucc Link to post Share on other sites
Patiently waiting Posted December 3, 2004 Share Posted December 3, 2004 ok, I have a question.... I recently took out a life ins. policy on myself with my children as equal beneficiaries, they are 3 yrs and 4 yrs. old. My STBEX has joint custody, although physically only 1 night per week, and every other weekend, basically about 25%. If I should die, who has control of the funds? Would it automatically be my ex since he would be the surviving parent or would the money not be able to be distributed until the children are 18 since THEY are the beneficiaries? I don't want HIM to get the money because I don't think he would use it fully for their benefit, but I do want them to have the benefit of having it BEFORE they turn 18 since I know my ex does not earn enough to support them. That is the reason I got the policy in the first place. Do I need to get a living trust and designate someone to make sure the funds are being used to my wishes? If so, would an attorney be the best choice since I do not have any family? Does the attorney take a percentage of the award in this case? If so, how much? My policy is for $100,000 and I live in California. Anyone have the answer? Link to post Share on other sites
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