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  1. #46
    marcus_n_tonya Guest

    Lightbulb PS

    I also forgot to tell you up above that when I decided to "Will" my children to a guardian in my Last Will and Testament, I added the language that it was my desire that my children all remained in one household living together (I feel if they lost me they dont need to be losing each other too). AND I leave documentation with my Will in the Safety Deposit Box that CAN prove the NCPs of my children unfit. Every situation is different but that is what I chose if that helps anyone at all.
  2. #47
    JoandJa'smom Guest
    that is a very good point. If I was to die my children would be split and I know for a fact that my oldest sons father would never let our son see his son w/my dh. ALso, my sons father is ufit and does not care for our son. He could take it in to court and maybe they would give him custody, but I hope not. My children need to be together. my oldest does not have siblings on his dad side and all he knows is my side when it comes to siblings and extended family. I just hope I don't die before my sons turn 18.

    JoandJa'smom
  3. #48
    haiku is offline Senior Member
    Join Date
    Jan 2001
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    5,414
    by saying you CAN WILL your children is giving false hope. that is NOT giving good, sound, advice.

    by saying you can REQUEST in your will, and HOPE the judge takes your wishes into consideration is another story. The likelyhood is LOW, and must be stressed....

    fact is, after you die, the other parent is likely going to get rightful custody after all is said and done, no matter the circumstance. If thier parental rights have not been stripped before your death, they have the right to assume custody of THIER child, your control basicly ends with your death.....
    Last edited by haiku; 04-22-2003 at 07:22 AM.
    "It is easier to build strong children than repair broken men." Frederick Douglas
  4. #49
    nextwife is offline Senior Member
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    Jan 2003
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    24,357
    True, there are many things you CAN do that have no legal standing.

    Example: A man who is a joint owner of his house CAN "WILL" the house to his mistress, instead of his jt tenant wife. However, as he has no legal standing to give away something he is not legally entitled to, the house will become the sole property of the surviving joint tenant, regardless of the will. Reason being, he had no legal standing to will it in the first place, as the Jt. Tenant has survivorship rights.

    I CAN sign a deed "quit claiming" YOUR house to someone else. That does not legally entitle that someone else to your house. I CAN sue you for something trivial. That does not mean I CAN win.
  5. #50
    Janifer Guest

    Correction

    Tara said "I was wondering what I can do about giving my parents custody of my daughter if something ever happened to me, how would I go about this?" Not can I write on a piece of paper that I want someone other than the BF to have the kids if I die. Of course she can do that. I can write on a piece of paper that I am the Queen of England.

    I would like to give Tara the benefit-of-the-doubt and assume that she knew that she could will her child, her house, her dog, or the space shuttle to anyone she wanted.

    I think she was looking for a legal way to assure her parents have the kids after her passing. The answer is out there. Most courts would emphatically say no. This is assuming that the only reason out there is that BF could have them is that he was out of touch of a couple of months. You can pile on reasons why they should. (He is a drug dealer, killed his neighbor, is extremely physically impared) Based on Tara's reasoning though.. well you get the point.

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