Ok ok, here's a simple question blank and to the point.....

[cgcivy79]

What is the name of your state? OHIO

If two people have a child out of wedlock in the state of Ohio, the mother is automatically the custodial parent unless a court appoints otherwise. (per ORC)

Who gets the kid if the mother passes away? The bilogical father, or some joe schmoe off the street?

 

[stealth2]

THere's no need to start a new thread. The situation you have posted about is not a hypothetical, and Dad has been told by the cops that they will not help him get the child w/o a court order.

 

[cgcivy79]

THere's no need to start a new thread. The situation you have posted about is not a hypothetical, and Dad has been told by the cops that they will not help him get the child w/o a court order.

Yes, there is a need. Because I have two kids with a complete moron and I'd like to know if their father would automatically get them if I was to die... god forbid! Cuz if it is the case... I'm off to file a living testament or will or something on TUESDAY!

 

[stealth2]

You can't will your children - they're not puppies or a set of chairs (i.e. not property). Their Dad would be first in line to get custody should you die - unless he can be proven unfit.

 

[cgcivy79]

You can't will your children - they're not puppies or a set of chairs (i.e. not property). Their Dad would be first in line to get custody should you die - unless he can be proven unfit.

Thanks for answering my original question from my first post.

And.... he can be proven unfit. 31 NEVER had a stable job, NEVER had a stable home, 35 arrest convictions from 3 DUI's to Felony domestic violences to assault.... owes me over $18,000 in child support, etc i could go on for days. Yeah.... he's a real winner************** I never said my kids were puppies or property, but the judge would atleast have my input on where I'd like my kids to go because of the situation rather than guess if the idiot is fit or not!! Trust me************** any judge in his right mind would take what I would want in consideration for my kids' future.... but thats a whole' nother' topic!

 

[AHA]

Because I have two kids with a complete moron

Was there a gun to your head for 2 years forcing you to have 2 kids with a "moron" or did he all of a sudden overnight, after the second kid was born, become one??

 

[cgcivy79]

Was there a gun to your head for 2 years forcing you to have 2 kids with a "moron" or did he all of a sudden overnight, after the second kid was born, become one??

He was a moron the whole time. I was young, thought i could change him and quite stupid! I wouldn't trade my kids for the world though!

 

[AHA]

He was a moron the whole time. I was young, thought i could change him and quite stupid! I wouldn't trade my kids for the world though!

Your choice to have 2 kids with him knowing what he was like doesn't make you look very considerate about your kid's future either. You might not want to not blow your own horn too loud in front of a judge. Just an FYI.

 

[cgcivy79]

Your choice to have 2 kids with him knowing what he was like doesn't make you look very considerate about your kid's future either. You might not want to not blow your own horn too loud in front of a judge. Just an FYI.

Yeah well we all make mistakes especially when we are 16 & 19 and know it all.... right? Just because their father is a complete loser doesn't mean that they won't have a good future, nor that I am not being considerate about it. I won't blow a horn, but I can atleast put it in writing what my wishes are.... not meaning that what I have to say will make a difference if a judge decides otherwise, but atleast my kids will know I tried to do what was best for them.....

 

[cgcivy79]

Yeah well we all make mistakes especially when we are 16 & 19 and know it all.... right? Just because their father is a complete loser doesn't mean that they won't have a good future, nor that I am not being considerate about it. I won't blow a horn, but I can atleast put it in writing what my wishes are.... not meaning that what I have to say will make a difference if a judge decides otherwise, but atleast my kids will know I tried to do what was best for them.....

oh and..... if we could all have crystal balls and pick the perfect parents for our children, it would be a perfect world.... and there is no such thing as that!

 

[stealth2]

What you consider unfit and what the law considers unfit may well be two different things.

 

[cgcivy79]

What you consider unfit and what the law considers unfit may well be two different things.

Yeah, I know. I'm not worried about it.

 

[BL]

Yeah, I know. I'm not worried about it.

What do you plan to do ? Go into Court before you pass on , and try to get a Judge to deem the father unfit , and order Custody to someone else upon you passing if it should happen before the children are emancipated ?

Enlighten me , I'd like to know how all this is accomplished ?

 

[ceara19]

What do you plan to do ? Go into Court before you pass on , and try to get a Judge to deem the father unfit , and order Custody to someone else upon you passing if it should happen before the children are emancipated ?

Enlighten me , I'd like to know how all this is accomplished ?

Actually, it CAN be done. I know because this is precisely what I did. However, as stealth said, dad has to be proven and declared LEGALLY unfit and the things the OP has mentioned are no where NEAR enough to do that. I won't go into details here because I don't want to give the OP directions on how to have a court declare her ex unfit. If he REALLY is unfit, she doesn't need my help to prove it.

 

[rmet4nzkx]

oh and..... if we could all have crystal balls and pick the perfect parents for our children, it would be a perfect world.... and there is no such thing as that!

You are in luck!
I am the custodian of the FA Crystal Ball!
I am getting a cryptic message though.
It says that psychologists have discovered that in codependent relationships people are attracted to those at their same level of dysfunction, thus if you choose to procreate with a "Moron" that your IQ must be equally low.