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Need advice for unmarried daughter about her baby

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fairqueenj

Junior Member
What is the name of your state?What is the name of your state? Georgia

My daughter, who is not married, has a child 6 months old, whom we adore. The father has shown no interest and has never seen baby. My daughter has not contacted him anymore and has never asked for child support. He has never offered support, either. If something were to happen to her, what would happen to our granddaughter? Would she go to the father, whose name is not even on the birth certificate? Would we still be able to be a part of our granddaughter's life? Any help would be appreciated. Thanks
 


LdiJ

Senior Member
fairqueenj said:
What is the name of your state?What is the name of your state? Georgia

My daughter, who is not married, has a child 6 months old, whom we adore. The father has shown no interest and has never seen baby. My daughter has not contacted him anymore and has never asked for child support. He has never offered support, either. If something were to happen to her, what would happen to our granddaughter? Would she go to the father, whose name is not even on the birth certificate? Would we still be able to be a part of our granddaughter's life? Any help would be appreciated. Thanks
If the father doesn't attempt to assert paternity then most likely if something happened to your daughter the child would go to you. However, if dad asserted paternity dad would be first in line for custody of the child.
 

Content

Member
Even if mom tried to write out a will or someother legal document giving you custody if something happened if dad contested then he would still more than likely win unless you can prove he's a complete nut job who would try to do nothing but harm the child.
 

Content

Member
stealth2 said:
FYI - you cannot will children to anyone; they are not property.

I have seen a couple of people 'try' I know it's not successful which is why I brought that up. Some people do not understand that they are not property.
 

BelizeBreeze

Senior Member
Content said:
Even if mom tried to write out a will or someother legal document giving you custody if something happened if dad contested then he would still more than likely win unless you can prove he's a complete nut job who would try to do nothing but harm the child.
A will that "attempts" to convey custody is invalid. The ONLY thing you can do in a will is appoint a guardian although guardianship does not trump parent rights. And the court is not bound by a will.

In this poster's situation, the ONLY way to assert any rights is to create a standby guardianship now before anything occurs. That proceedure still does not trump parental rights, but does give legal standing to the so-named guardians to represent the child in future legal proceedings.
 
S

shell007

Guest
Stealth2

As you replyed:

FYI - you cannot will children to anyone; they are not property.
The mother of the child can have a will drawn up which states that on the event of her death, and if her child has not attained his/her majority, that
(grandma?) can be appointed as guardian of the person and estate of such said child.

Seems to me that this would (at least at the very minimum) give the grandparent's some legal grounds to fight the father. It would be better than having no legal grounds and just having to turn the child over.

If he is a dead-beat, he probably wouldn't want do deal with the aggravation or monetary commitment to challenge the issue in court.
 

stealth2

Under the Radar Member
Please read BB's post which explains how it works.

Also, Dad would have to be proven unfit for the grandparents to have any shot at all. His rights trump theirs.
 
S

shell007

Guest
I understand that, but at least having a "will" naming guardianship will make his fight a little harder and longer giving the grandparent's at least a chance.
 

BelizeBreeze

Senior Member
shellandty said:
Stealth2

As you replyed:



The mother of the child can have a will drawn up which states that on the event of her death, and if her child has not attained his/her majority, that
(grandma?) can be appointed as guardian of the person and estate of such said child.

Seems to me that this would (at least at the very minimum) give the grandparent's some legal grounds to fight the father. It would be better than having no legal grounds and just having to turn the child over.

If he is a dead-beat, he probably wouldn't want do deal with the aggravation or monetary commitment to challenge the issue in court.
Yes the mother can have anything "drawn up" even with crayola if she so desires.

The fact is however, LEGALLY such a will is INVALID and depending on how such a will is "drawn up" could invalidate the ENTIRE will.

Now, next argument?
 

bononos

Senior Member
Out of curiosity...
Let's say Dad passed away in 2003 in a car accident.
Mom is dying of breast cancer...given 1 month.
Can't mom "will" the children?
Who gets them? Who decides?
 

Content

Member
bononos said:
Out of curiosity...
Let's say Dad passed away in 2003 in a car accident.
Mom is dying of breast cancer...given 1 month.
Can't mom "will" the children?
Who gets them? Who decides?

You can't will children, no matter what people have tried before it doesn't work. They are human beings and not property.
 
S

shell007

Guest
Yes the mother can have anything "drawn up" even with crayola if she so desires.

The fact is however, LEGALLY such a will is INVALID and depending on how such a will is "drawn up" could invalidate the ENTIRE will.

Now, next argument?

What will "depending on how it is drawn up"........the one done with crayola or the one done by a SMART attorney?
 

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