Need advice for unmarried daughter about her baby

[bononos]

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

Well then, can you answer the other questions I asked?

 

[shell007]

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

Not saying to "will" out children as if they were property. Simply saying "name a legal guardian"!

Absolutely Can not hurt the situation.

 

[BelizeBreeze]

Not saying to "will" out children as if they were property. Simply saying "name a legal guardian"!

Absolutely Can not hurt the situation.

And again, the COURT has exclusive jurisdiction over children. Guess what genius, the answer is about six responses below this diatribe.

 

[BelizeBreeze]

Out of curiosity...
Let's say Dad passed away in 2003 in a car accident.

Then mom has sole legal custody.

Mom is dying of breast cancer...given 1 month.

Then mom can begin the process of a standby guardianship for which the court has jurisdiction.

Can't mom "will" the children?

No

Who gets them? Who decides?

If mom is successful in completing the standby guardianship before she croaks, then the standby guardians will have the children and all legal rights and responsibilities that attach.

IF the standby guardians are so inclined, they can file for custody and/or adoption. HOWEVER, they have no special rights than other family members in attaining status only that the court recognizes their legal right and it is temporary until the court decides the best option for the child.

 

[shell007]

Belizebreeze:

Where you a bully in high school too? or are you still in high school?

Let people have their own opinions on this forum and quit chasing people around the site looking to start arguments!!!!

No need for the name calling. Post your opinion and quit making it so darn personal!

 

[Zephyr]

Let people have their own opinions on this forum and quit chasing people around the site looking to start arguments!!!!


when people's opinions are in direct conflict with the law then BB is quite correct to address that and offer the correct information- otherwise posters would be getting inaccurate advice

 

[BelizeBreeze]

Belizebreeze:

Where you a bully in high school too? or are you still in high school?

Let people have their own opinions on this forum and quit chasing people around the site looking to start arguments!!!!

No need for the name calling. Post your opinion and quit making it so darn personal!

Your OPINION is worthless. There is no situation where a will conveying 'ownership' of a child has been upheld in any court in this country.

And any will that does so is either fully invalid or the specific clause is invalid.

Now, have another 'opinion' ???

 

[MandyD]

Belizebreeze:



Let people have their own opinions on this forum and quit chasing people around the site looking to start arguments!!!!
QUOTE]

This is a matter of LAW, not opinion. Ones opinion doesn't mean diddly when the LAW has addressed the situation. In case you haven't noticed, this website isn't for the free exchange of opinion, it's for LEGAL advice. Note the difference.

 

[bononos]

Then mom has sole legal custody.

Then mom can begin the process of a standby guardianship for which the court has jurisdiction.

No

If mom is successful in completing the standby guardianship before she croaks, then the standby guardians will have the children and all legal rights and responsibilities that attach.

IF the standby guardians are so inclined, they can file for custody and/or adoption. HOWEVER, they have no special rights than other family members in attaining status only that the court recognizes their legal right and it is temporary until the court decides the best option for the child.

I found this though:

What are the reasons to have a will?

Parents can name those they want to be the guardian of the person and the trustee of the property of their minor children.

From: http://www.gabar.org/communications/consumer_pamphlet_series/wills/

 

[shell007]

Yes I have another opinion. Thanks for asking!

when people's opinions are in direct conflict with the law then BB is quite correct to address that and offer the correct information- otherwise posters would be getting inaccurate advice

Explain to me how my opinion of "drawing up a will and naming a legal guardian " is IN DIRECT CONFLICT WITH THE LAW?"

I suggested "the will" merely to give the grandparen's a mere chance and at least make the guy fight for this baby he has never seen, in addition to buying them some time in the event (god forbid) that something should happen to their daughter.


Look how much time we've spent just discussing this issue ourselves.

 

[BelizeBreeze]

I found this though:

What are the reasons to have a will?

Parents can name those they want to be the guardian of the person and the trustee of the property of their minor children.

From: http://www.gabar.org/communications/consumer_pamphlet_series/wills/

Correct as far as property is concerned. The parents can name a guardian or trustee for the child's financial matters which is quite a different matter than appointing someone for the child's "Person".

 

[BelizeBreeze]

Yes I have another opinion. Thanks for asking!



Explain to me how my opinion of "drawing up a will and naming a legal guardian " is IN DIRECT CONFLICT WITH THE LAW?"

I suggested "the will" merely to give the grandparen's a mere chance and at least make the guy fight for this baby he has never seen, in addition to buying them some time in the event (god forbid) that something should happen to their daughter.


Look how much time we've spent just discussing this issue ourselves.

We are not discussing the 'issue'...
We are discussing your ignorance of the issue.

Quite a difference.

 

[bononos]

Correct as far as property is concerned. The parents can name a guardian or trustee for the child's financial matters which is quite a different matter than appointing someone for the child's "Person".

But, this is stating both financial and person, by this statement a guardian of the "person" can be appointed by a will as well as a guardian can be appointed for the financial aspects.

Parents can name those they want to be the guardian of the person and the trustee of the property of their minor children.

 

[BelizeBreeze]

But, this is stating both financial and person, by this statement a guardian of the "person" can be appointed by a will as well as a guardian can be appointed for the financial aspects.

Parents can name those they want to be the guardian of the person and the trustee of the property of their minor children.

As I said before, you can do just about anyting in a will. That does NOT mean it is a valid order for the court to follow.

The ONLY uncontestable mechanism for appointing a guardian before and after death is a standby guardianship which is court sanctioned and grants exclusive rights that a will does not.

Yes, you can "Name" a guardian for your pet dog also in a will. You can also invalidate the will in doing so.

 

[shell007]

You did not answer my question:

#1 I will ask again since you did not get it the first time.

How was my opinion of drawing up a will and naming a legal guardian IN DIRECT CONFLICT WITH THE LAW? (as you put it)

#2 You can name a guardian for your children in a will, in addition.....you can change the guardian as many times as you wish as long as your willing to pay an attorney their fee for doing so. A guardian is not just for financial matters of the child.