am I too young to get a will?

[mass_23_]

I want to know if I am too young to get a will? I am 24, about to be married. If anything were to happen to me I would want my soon-to-be husband have custody and make sure that my parents have rights to my son as well. As it stands I guess my sons natural father woudl get custody even though he has no interest, never has and is simply not a fit parent. Should I get a will? should I try to have my soon to be husband try to adopt my son? is that easy?

 

[JETX]

At the age of 24, you have the right to enter into a will. And, if you have specific, valid wishes that you would want carried out, then you certainly should consider having a will. Since some of your concerns may have issues with the childs biological father, I suggest you talk with an attorney to see what rights he may or may not have.

 

[kat1963]

You can have a will at any legal age and I suggest you do. Our time can be over at any time, at any age. I've had one since I was 19. I'm pretty sure you can't *will* away custody of your children to another party.....if you pass, their father will have the right to custody unless it had been somehow terminated previously....I think you know this.

You'd have to do a step adoption....as for it being easy, that would be considering the circumstances and your state laws.

KAT

 

[Grandma B]

Unless the bio-dad is a child molester or murdered, you have no chance of your son's custody going to your soon-to-be husband in the event of your death, whether you have a will or not. Custody would revert to the bio father. Since you left MA with the child without the court's permission, that could happen anyway. In either case, your parents have no rights regarding the child.

Your son also cannot be adopted without the consent of his bio father. If he agreed to the adoption, it wouldn't be too difficult.

 

[mass_23_]

Grandma B....

You seem to know about this. Do you know for sure that I could be in trouble for taking my son out of the state even with consent of his father? I know we only had a verbal ok from him...but it's more than obvious that even if he did not agree with it he has done nothing about it. He has never complained and at this point he wouldn't because he's not paying support and not providing insurance as he is court ordered to. I have the upper hand overall. Any advice on what steps to take? Thank you!

 

[Grandma B]

Re: Grandma B....

You seem to know about this. Do you know for sure that I could be in trouble for taking my son out of the state even with consent of his father? I know we only had a verbal ok from him...but it's more than obvious that even if he did not agree with it he has done nothing about it. He has never complained and at this point he wouldn't because he's not paying support and not providing insurance as he is court ordered to. I have the upper hand overall. Any advice on what steps to take? Thank you!

Yes, you were wrong to take your son out of state without providing written notice to the father and the court, giving the father a chance to contest the move. Verbal agreements mean nothing in a court of law. Your ex probably doesn't even understand this and is therefore likely to never cause you a problem.

If he did decide to pursue it, you would not have the upper hand just because he is not paying support and providing insurance. That is a separate issue entirely.