who can i leave my children to

[adhannahs]

What is the name of your state? OHIO

I am a single mom to 3 little boys 8 5 and 3..... my ex has had nothing to do with our sons..... and hasnt in a long time.... my question is this....can i name someone else to raise them in my will if somethin were too happen to me.... or do they just automatically go to him.....PLEASE help me!!!!

 

[titansfan]

dad will get the kids

unless your ex is found to be unfit, he most likely get custody. parents have the exclusive right to care and control of their kids over anyone else.

 

[George1620]

What is the name of your state? OHIO

I am a single mom to 3 little boys 8 5 and 3..... my ex has had nothing to do with our sons..... and hasnt in a long time.... my question is this....can i name someone else to raise them in my will if somethin were too happen to me.... or do they just automatically go to him.....PLEASE help me!!!!

Your ex wouldnt necessarily get custody due to the fact that he hasnt been in their lives. If he hasnt contacted them in over a few years it could be considered abandonement which would terminate any parental rights. You leave in your will that you would like to sign over power of attorney of your children to "john doe" if anything were to happen to you. They wont just hand them over to a complete stranger. More than likely if something were to happen to you and they went to a relative the father could petition the courts for custody and eventually get it but he would have to prove him self and that might take awhile.

 

[dallas702]

There was a thread not too long ago dealing with the same idea, but I don't think there was a father to get custody. There is a procedure in some states for establishing a relationship and a place/family to take over as parents, but these children have a bio-dad. You need to talk with him and explain the reality of his becoming a full time dad if something happened to you. He might work with you to insure a transition, or he might want his rights terminated. You'll have to take your chances. But, planning ahead is always a good move.

 

[George1620]

There was a thread not too long ago dealing with the same idea, but I don't think there was a father to get custody. There is a procedure in some states for establishing a relationship and a place/family to take over as parents, but these children have a bio-dad. You need to talk with him and explain the reality of his becoming a full time dad if something happened to you. He might work with you to insure a transition, or he might want his rights terminated. You'll have to take your chances. But, planning ahead is always a good move.

Yeah hes the bio dad and has a right to his kids but like i said he'll have to prove it.

When a parent in ohio fails to contact or provide the child for more than one year he loses the right to consent for anything, Even for the children that he helped conceive.

Are you getting support from him? Have you even established paternity?

 

[adhannahs]

more info

OH boy!! Here goes..... first off...im in the process of fightin for the child support .... he has made 2 payments and those were over a year ago. We have not established paternity on any of them.... he knows i was faithful and my 2 younger ones are for sure his..... my oldest.... i found out i was pregnant shortly after we hooked up.... he signed the birth certifcate.... knowing that the child MIGHT NOT be his...he has only since our split denied the child...just so he wouldnt have to pay child support on him. Even with the courts telling him hes legally the dad. He has had no involvement with them(the sad thing is he and I both know that this is due to his new gf...whom he is having more children with)...... ive tried to get him involved done everything i could..... even having his family provide transport to and from their dads house.... he still doesnt want to be with them...........
we live right now with my parents....whom have been super involved with my children..... when he and i were together...we lived here ...he wouldnt work then to provide us with living on our own.... so I would leave them to my parents..... or my brother who has also been "the male role model for my childrren.....i hate the idea of him gettin them when he has shown no interest.......

So ...i can name someone else(my parents or brother) to get the kids,, and then he would have to prove he wants them and can support them before he would get them?????? Thank you people for all the help...... talkin to him is not an option he wont even talk on the phone to me.... his gf wont allow it!!!

 

[LdiJ]

OH boy!! Here goes..... first off...im in the process of fightin for the child support .... he has made 2 payments and those were over a year ago. We have not established paternity on any of them.... he knows i was faithful and my 2 younger ones are for sure his..... my oldest.... i found out i was pregnant shortly after we hooked up.... he signed the birth certifcate.... knowing that the child MIGHT NOT be his...he has only since our split denied the child...just so he wouldnt have to pay child support on him. Even with the courts telling him hes legally the dad. He has had no involvement with them(the sad thing is he and I both know that this is due to his new gf...whom he is having more children with)...... ive tried to get him involved done everything i could..... even having his family provide transport to and from their dads house.... he still doesnt want to be with them...........
we live right now with my parents....whom have been super involved with my children..... when he and i were together...we lived here ...he wouldnt work then to provide us with living on our own.... so I would leave them to my parents..... or my brother who has also been "the male role model for my childrren.....i hate the idea of him gettin them when he has shown no interest.......

So ...i can name someone else(my parents or brother) to get the kids,, and then he would have to prove he wants them and can support them before he would get them?????? Thank you people for all the help

You can certainly state your wishes in a will....however its going to be up to the judge to decide.

 

[dallas702]

and you may have to have his rights terminated. If he doesn't pay support (which you can easily force through the court...garnishment), and doesn't have contact with the children, he can be considered as "abandonding" them. But, he may just sign them away. I'd garnish his wages and use the $$ for the kids unless you absolutely don't/won't need it.

 

[adhannahs]

hmmm....

i cant garnish his wages because he refuses to get a job.... like i previously stated i am in the process of fightin in court for the child support..... can i have his rights terminated without bein remarried(stepparent adoption)???

 

[dallas702]

Well, you don't have to be married. You could make him the offer to terminate, but you'd lose the ability to ever get support for the children. OTH, you wouldn't ever have to deal with the bum again.

 

[KKHeuser]

What is the name of your state? OHIO

I am a single mom to 3 little boys 8 5 and 3..... my ex has had nothing to do with our sons..... and hasnt in a long time.... my question is this....can i name someone else to raise them in my will if somethin were too happen to me.... or do they just automatically go to him.....PLEASE help me!!!!

http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC

This may help a bit.