Custody vs. A will

[yolandanewell]

What is the name of your state (only U.S. law)? California

Does a custody order supersede a a will?

If my will states that I wish my child to goto family members and not her biological father who has visitation rights, yet has not exercised... ... I've been told that my will will supersede a custody order.

I did not say in my will that I do not wish her dad to have custody...

 

[Farfalla]

What is the name of your state (only U.S. law)? California

Does a custody order supersede a a will?

If my will states that I wish my child to goto family members and not her biological father who has visitation rights, yet has not exercised... ... I've been told that my will will supersede a custody order.

I did not say in my will that I do not wish her dad to have custody...

Is he paying child support?

The surviving biological parent has rights in this... he will get the children.... right now he SHARES responsibility with you for the child and if you are gone he is the only person left who is responsible for her.

You cannot take away his rights as a parent in a will. Children are not property to be 'given away'.

Now you can suggest what you would want to happen. Maybe he'll go along with it. You could even to the decent thing and discuss this with him now. Is he willing to give up his rights as a father now? If not, he's the child's father.. period.

 

[yolandanewell]

We're asking this... does this still stay the same if she has sole physical and joint legal custody...?

Will the answer remain the same

 

[Farfalla]

We're asking this... does this still stay the same if she has sole physical and joint legal custody...?

Will the answer remain the same

Absolutely.. the key is that they have joint legal custody. He is still the child's father according to the law.

Is he willing to sign away his parental rights? Has she asked him?

 

[nextwife]

Absolutely.. the key is that they have joint legal custody. He is still the child's father according to the law.

Is he willing to sign away his parental rights? Has she asked him?

WHAT are you TALKING about? It's a myth that moms can just go about wiley-niley having a dad "give up his rights" when they don't want them around anymore. She can't just have him "give up his rights". We discourage recommending that a poster play "musical dads" around here for many reasons. This thread has no mention of a long involved stepdad who wishes to adopt.

 

[stealth2]

Are you talking about a child or a puppy?

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Does a custody order supersede a a will?

If my will states that I wish my child to goto family members and not her biological father who has visitation rights, yet has not exercised... ... I've been told that my will will supersede a custody order.

I did not say in my will that I do not wish her dad to have custody...

A will is a place where a parent can state their wishes as to what is to happen regarding their child. A judge may or may not take those wishes into consideration when deciding who shall have custody of the child after the death of the parent.

However, if there is a surviving parent, particularly a parent with joint legal custody, even if that parent has been absent from the child's life, a judge has to be very careful in not awarding physical placement to that parent. That parent has constitutional rights and would be the only person with constitutional rights.

Now, if a parent were to name a grandparent in their will, and the other parent does not challenge that, or cannot be found, then a judge would likely honor the deceased parent's wishes.

 

[Ohiogal]

Who informed you that a will supercedes custody orders and parental rights?

 

[yolandanewell]

Morning

Actually - this is not me that I'm talking about - my best friend was told that her Will supersedes her custody order by a woman at the court house... I didn't think it made any sense.

She was silly to listen to her which is why I came here to get her some written proof that the woman was wrong... the father of her daughter has no intentions of ever "signing off his rights"... although he never sees her he will, hands down, never agree to no custody of his child.

 

[Farfalla]

WHAT are you TALKING about? It's a myth that moms can just go about wiley-niley having a dad "give up his rights" when they don't want them around anymore. She can't just have him "give up his rights". We discourage recommending that a poster play "musical dads" around here for many reasons. This thread has no mention of a long involved stepdad who wishes to adopt.

I think you misunderstood my post. My point was that dad has rights and just about the only way she could get him out of the lives of the child (ren) is if dad willingly gave up his rights. So she needs to deal with the fact that dad is dad and has rights.

You’re right about ‘musical’ dad. Musical moms can be a an issue too with some dads. The fact is that the children have a dad. Step dad and mom need to realize this.

 

[yolandanewell]

Morning

Actually - this is not me that I'm talking about - my best friend was told that her Will supersedes her custody order by a woman at the court house... I didn't think it made any sense.

She was silly to listen to her which is why I came here to get her some written proof that the woman was wrong... the father of her daughter has no intentions of ever "signing off his rights"... although he never sees her he will, hands down, never agree to no custody of his child.

 

[Farfalla]

Actually - this is not me that I'm talking about - my best friend was told that her Will supersedes her custody order by a woman at the court house... I didn't think it made any sense.

She was silly to listen to her which is why I came here to get her some written proof that the woman was wrong... the father of her daughter has no intentions of ever "signing off his rights"... although he never sees her he will, hands down, never agree to no custody of his child.

"Woman at the court house"... i assume this was some sort of clerk who works at the court? She should not be give out legal advice, especially since she has no clue.

Have you had your friend read these posts? If she does not believe what is stated here than she should have a consultation with an attorney to learn what she is being told here.

 

[TinkerBelleLuvr]

I would recommend that mom have it set up that any life insurance money etc be set up to go into a trust fund that would be administered by a trusted person.

Not a do-it-yourself project. Would suggest an attorney who could handle setting up the will and properties in place so that the child could be protected.

 

[yolandanewell]

I agree...

I have told her to go see my attorney (he has 1/2 hour free consultation)... and to not just listen to the best answer that she feels fits her situation.... I recently went through a bear of a custody battle and honestly - the only reason why my ex husband has no custody is because he requested that... I fought forever to get his rights taken away - it's darn near impossible... he just did us a favor.

 

[Just Blue]

Yolanda...Yolanda...Yolanda...

You have been here long enough to know that we don't like dealing with 3rd parties...Have your friend sign up and post her own questions.