Hey sisters. I am just wondering if there are any family lawyers that read this could help me out with. Or someone who knows someone who has been through it...
My sons father has not seen him in over 2 years. We do not have any official custody orders as he has chosen to stay away anyway. His father was abusive so i am glad he is not a part of our lives anymore. My son does not know any of his family.
My family however he sees every day and has amazing bonds with. My parents. My siblings. Even my cousins and aunties.and uncles.
My question is. IF something happens to me and i die. Would my son automatically be handed over to a man that he does not.know and who has had no interest in him. To a man with a history of violence. To a family he doesn't know?
If i made a will, stating that my son was to be cared for by the people he knows and loves, would it be honored or would my ex automatically be able to have that thrown out?
2 Replies
You need to get legal advice on this but I would think u should apply for full custody of your son and have his fathers parental rights extinguished, then make one of your family members a legal guardian in the event of your death (and make them power of attorney over your affairs so they can make decisions in your absence) otherwise his father will have rights. A legal Will important too.
Going through the family court system myself, this is a question I have discussed with my lawyer. In the case that you were to die, your son would not automatically go over to his father. The father would have to apply through the family court, which would then go into the system where it becomes a matter of its own. Putting your intentions of your son being in the care of your family members, into your will does not automatically mean that they will stay in those care arrangements but idit came to a time where the father did want to fight for parental rights, your intentions in your will would come into consideration in the court process. I would suggest that in the case that you were to pass, plan out with a family member to take responsibility of your son and not allow the father to see him unless it is done through a court system.