Need advice for unmarried daughter about her baby

[betterthanher]

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.

Obviously you do NOT understand it. The "will" does nothing. Period!! The only thing the grandparents would have a chance at is visitation. They could certainly fight for custody, but the biofather would get them first (outside of being deemed unfit or couldn't be located).

There was a case here in Ohio just recently (week or two ago) where G-parents were awarded visitation.

 

[bononos]

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.

I gotcha ya!
Actually, anything in a will can be contested, correct?
It's more of a "wish list" that is trypically followed, but not always.

 

[betterthanher]

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

You're clearly an professional idiot.

This is a site for legal advice. Did you not notice that? You incite the arguments because you don't get it.

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

I call them as we see them. Start a blog if you wanna spout opinions.

 

[betterthanher]

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)

The reason has been mentioned numerous times already, Beavis. The COURT is not bound by the will. CHILDREN ARE NOT PROPERTY. YOu can leave a house...car...antiques...your radio shack boombox with detachable speakers you purchased in 1983. Do you get this yet?

#2 You can name a guardian for your children in a will, .

Just like you can name anyone on a birth certificate. But that does not make that name the legal parent.

Key word here is LEGAL.

 

[BelizeBreeze]

I gotcha ya!
Actually, anything in a will can be contested, correct?

Correct. And that is why I have always advocated the standby guardianship.

It's more of a "wish list" that is trypically followed, but not always.

Yes and no. A will is inviolate in MOST circumstances or could be made so with a no-contest clause. However, such arrangments for children are rarely upheld and only when such are not contested.

One of the major reasons I advocate the standby guardianship is that death is NOT the only situation for which it is used.

Imagine your scenario again. The father (or mother) dies in an auto accident but instead of the mother having cancer a few years later, she is in a coma from the accident.

Can you image the legal mess the courts will have appointing a guardian? A standby guardianship, if established before the accident, is AUTOMATIC, it kicks in immediately because the court has already ruled.

Therefore, in the above scenario, the standby guardian has legal rights to the child until such time as the surviving parent can again assume that role.

There is no action required for the standby guardianship to 'kick in' or to expire.

 

[MandyD]

You're clearly an professional idiot.

This is a site for legal advice. Did you not notice that? You incite the arguments because you don't get it.


I call them as we see them. Start a blog if you wanna spout opinions.

She's been here for three days and has amassed many posts spewing her OPINION. She's even gone so far as to say in one of her posts that this board is for opinions. *rolly eye emoticon*

 

[shell007]

Obviously you do NOT understand it. The "will" does nothing. Period!! The only thing the grandparents would have a chance at is visitation. They could certainly fight for custody, but the biofather would get them first (outside of being deemed unfit or couldn't be located).

There was a case here in Ohio just recently (week or two ago) where G-parents were awarded visitation.

Yes a "will" does do something. At minimum....it would have to be contested in court. I agree....the father would probably win, but as I stated earlier in this forum "if the guy is a deadbeat" he would probably not want to put in the time or monetary commitment needed to fight the grandparent's or contest the "will" THEREFORE........he could concede, and grandparent's win.

 

[Zephyr]

Yes a "will" does do something. At minimum....it would have to be contested in court. I agree....the father would probably win, but as I stated earlier in this forum "if the guy is a deadbeat" he would probably not want to put in the time or monetary commitment needed to fight the grandparent's or contest the "will" THEREFORE........he could concede, and grandparent's win.

while you may be right about the possibility of dad not fighting anything, it is poor advice to give someone because it has no basis in fact, the ONLY way it MIGHT be able to work is if dad does nothing, and I think there would be a whole mess with the state getting involved if that were the case.

Why not take a more proactive route, one that does have a chance at success- the one BB suggested

 

[BelizeBreeze]

Yes a "will" does do something. At minimum....it would have to be contested in court. I agree....the father would probably win, but as I stated earlier in this forum "if the guy is a deadbeat" he would probably not want to put in the time or monetary commitment needed to fight the grandparent's or contest the "will" THEREFORE........he could concede, and grandparent's win.

And all the while this is being played out in the courts, the will sits without being validated and the child is in foster care.

Wonderful legal analysis.

 

[bononos]

For OP:
I also found this:
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=29-4-53
If you scroll down to the form you'll see that BOTH parents must sign for a standby guardianship.
But, the link gives you some more info.

(they write the word designate way to many times in the first section. )

 

[BelizeBreeze]

For OP:
I also found this:
http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=29-4-53
If you scroll down to the form you'll see that BOTH parents must sign for a standby guardianship.
But, the link gives you some more info.

(they write the word designate way to many times in the first section. )

I would suggest a consultation with a local attorney on the matter of 'other parent' in this case. My reading of the entire section (from 29-4-50. to 29-4-55.) gives rise to a question of whether the alleged father is required to be notified in this situation since paternity has not been established.

On that issue, I would advise local council.

 

[shell007]

To all who keep telling me that opinions are not supposed to be expressed on this site, go back to the "register" page and read carefully. If you don't want to be bothered, I have copied and pasted for you.

The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues

Therefore.....I am a consumer who has faced similar legal issues...and can give my opinion as I wish. So...to whom it may concern..."GET OFF OF YOUR HIGH HORSE".

As for grandma who posted this thread to begin with: Hopefully this issue we've been discussing won't happen. You obviously love your daughter and grandchild very much. Best wishes for a long and loving relationship with your grandchild.

As to the rest of you who only like to argue with other posters (especially those since 2004, and who in a very short time I've figured spend upwards of 12+ hours a day everday on this site).....get off the computer and go get some knowledge from "real life" experience's .

See ya!

 

[bononos]

I would suggest a consultation with a local attorney on the matter of 'other parent' in this case. My reading of the entire section (from 29-4-50. to 29-4-55.) gives rise to a question of whether the alleged father is required to be notified in this situation since paternity has not been established.

On that issue, I would advise local council.

Hummm...
Didn't think of it that way, but should it not be necessary that he sign, he finds out it was done without consent, and in turn files to establish paternity and I guess vacate (not sure if that's the right word) the standby guardianship, that could be a whole other mess in itself.
Definately need an attorney to advise on that.

 

[BelizeBreeze]

As to the rest of you who only like to argue with other posters (especially those since 2004, and who in a very short time I've figured spend upwards of 12+ hours a day everday on this site).....get off the computer and go get some knowledge from "real life" experience's .

See ya!

YOu won't be "seeing me" .... I don't travel in trailer trash circile. It's it wonderful to have other people making you money while you sit on your butt and watch????

 

[Content]

To all who keep telling me that opinions are not supposed to be expressed on this site, go back to the "register" page and read carefully. If you don't want to be bothered, I have copied and pasted for you.



Therefore.....I am a consumer who has faced similar legal issues...and can give my opinion as I wish. So...to whom it may concern..."GET OFF OF YOUR HIGH HORSE".

As for grandma who posted this thread to begin with: Hopefully this issue we've been discussing won't happen. You obviously love your daughter and grandchild very much. Best wishes for a long and loving relationship with your grandchild.

As to the rest of you who only like to argue with other posters (especially those since 2004, and who in a very short time I've figured spend upwards of 12+ hours a day everday on this site).....get off the computer and go get some knowledge from "real life" experience's .

See ya!

STOP whining and crying. It's LEGAL advice, not your opinion. If it doesn't have any legal basis then it's not going to do any good. And by suggesting over and over that the OP will the kid is just wrong and sick of you. A kid is NOT property. A will is for the distribution of PROPERTY, not people.