• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

concern for the future

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

allofus

Junior Member
What is the name of your state?What is the name of your state?Georgia

I have 2 minor children. My bf lives with us as a family and he is very involved in my kids lives. Both of my children have disabilities. My ex sees one child 1 time a year and has nothing to do with the other. He lives in Indiana but has family here and visits for 1-2 weeks per year. I have full legal custody of my kids. Can I legally assign gaurdianship of my kids to my bf in the event of my death? I dont want my ex to get my daughter as he is a pedophile. I have documentaion of this from our divorce 10 years ago? Thanks..
 


CJane

Senior Member
allofus said:
What is the name of your state?What is the name of your state?Georgia

I have 2 minor children. My bf lives with us as a family and he is very involved in my kids lives. Both of my children have disabilities. My ex sees one child 1 time a year and has nothing to do with the other. He lives in Indiana but has family here and visits for 1-2 weeks per year. I have full legal custody of my kids. Can I legally assign gaurdianship of my kids to my bf in the event of my death? I dont want my ex to get my daughter as he is a pedophile. I have documentaion of this from our divorce 10 years ago? Thanks..


You cannot assign guardianship to anyone and expect it to stand up in court against a bio-dad who wants custody in the event of your death. If he's found to be unfit (and sadly, 10 year old evidence that he's a pedophile may not be enough) then another biological family member could 'probably' assume guardianship. Your BF will not be allowed to have any say in the matter at all.

Questions:
1) Why aren't you married?
2) Do you plan to get married in the future?
3) Would your BF be willing to adopt both children in the event that you DID get married?
4) What are the chances that bio-dad would reliquish his rights so that your BF could adopt the children once you're married?
 
T

titansfan

Guest
your bf is not the dad and has no rights

no you cant. the only way your bf could get custody is if you two get married, and he legally adopts the kids. untill then, he is a legal stranger with no rights or say over them. your ex is the father of your children, and if he wanted custody, unless he was proven unfit, he would most likely get it, and theres nothing your bf could do.
 

brisgirl825

Senior Member
titansfan said:
no you cant. the only way your bf could get custody is if you two get married, and he legally adopts the kids. untill then, he is a legal stranger with no rights or say over them. your ex is the father of your children, and if he wanted custody, unless he was proven unfit, he would most likely get it, and theres nothing your bf could do.
Shut up, please. You are an embarrasment to the rest of us newbies who are actually trying to learn and give people real advice.
Do you ever not notice that everytime you post, the OP has already been given advice? You have 300+ posts about nothing other than telling step-parents, b/f, g/f, grandparents they have no rights and asking about your dozens of kids and dead family members.
Useless advice and b/s you made up to get some attention here. Stop posting or learn a new trick.
 

LdiJ

Senior Member
brisgirl825 said:
Shut up, please. You are an embarrasment to the rest of us newbies who are actually trying to learn and give people real advice.
Do you ever not notice that everytime you post, the OP has already been given advice? You have 300+ posts about nothing other than telling step-parents, b/f, g/f, grandparents they have no rights and asking about your dozens of kids and dead family members.
Useless advice and b/s you made up to get some attention here. Stop posting or learn a new trick.
I really hate to say this...honestly....but sometimes (such as this time) her answers are legally correct. Simplistic...but legally correct.

Also, although many here think that she is Kelly...which is where the 20+ kids come into play....there is no proof of that.

Here is the deal. There has been a poster here...who has changed screen names several times, who is raising her 8 (I believe) siblings (her parents are deceased), children of her own, children of her siblings, and who lives in a "family commune" of sorts that contains somewhere around 25 kids, and 4-6 adults. Previous postings indicated that it was a huge old house in the Bronx, in NYC.

THAT poster, for various reasons, lost credibility here. I am a bit ambivalent on that issue because I am not sure that it was fair for her to lose credibility.
If her story was true....she comes from a world that most of us can't fathom...and she and the other adults in her household have taken on an enormous burden (at young ages).

Several people here are certain that THIS poster is THAT poster. I have no idea if they are wrong or right...again, I am ambivalent. However, despite the fact that her posts are legally simplistic, and sometimes wrong, they are also sometimes right.

In this case her answer was legally correct.
 

casa

Senior Member
LdiJ said:
I really hate to say this...honestly....but sometimes (such as this time) her answers are legally correct. Simplistic...but legally correct.

Also, although many here think that she is Kelly...which is where the 20+ kids come into play....there is no proof of that.

Here is the deal. There has been a poster here...who has changed screen names several times, who is raising her 8 (I believe) siblings (her parents are deceased), children of her own, children of her siblings, and who lives in a "family commune" of sorts that contains somewhere around 25 kids, and 4-6 adults. Previous postings indicated that it was a huge old house in the Bronx, in NYC.

THAT poster, for various reasons, lost credibility here. I am a bit ambivalent on that issue because I am not sure that it was fair for her to lose credibility.
If her story was true....she comes from a world that most of us can't fathom...and she and the other adults in her household have taken on an enormous burden (at young ages).

Several people here are certain that THIS poster is THAT poster. I have no idea if they are wrong or right...again, I am ambivalent. However, despite the fact that her posts are legally simplistic, and sometimes wrong, they are also sometimes right.

In this case her answer was legally correct.
LdiJ~ You have to know by the consistently same grammatical errors, the consistently same type of titles in the title line, the consistent use of certain emoticons...etc., etc. give away this poster as Kelly. That along with the fact that she doesn't get upset or deny that she is Kelly when being called her! :rolleyes: First she's in a commune type life in NY, then suddenly the next day she's in TN?

Come on, I know you are concerned with being fair & just~ but surely you see this? (Not to mention the implausibility of that many dead parents, spouses, fiances & teenage parents??)
 

LdiJ

Senior Member
casa said:
LdiJ~ You have to know by the consistently same grammatical errors, the consistently same type of titles in the title line, the consistent use of certain emoticons...etc., etc. give away this poster as Kelly. That along with the fact that she doesn't get upset or deny that she is Kelly when being called her! :rolleyes: First she's in a commune type life in NY, then suddenly the next day she's in TN?

Come on, I know you are concerned with being fair & just~ but surely you see this? (Not to mention the implausibility of that many dead parents, spouses, fiances & teenage parents??)
I know....believe me I KNOW. However she has actually denied being Kelly a couple of times....she said that her name was Stephanie a couple of times. I actually could see her being a member of Kelly's household without being Kelly...LOL. I can also see some chance that she has no relationship to them at all.

However, when it really comes down to things what does it matter? If she gives legally valid advice its immaterial. When she doesn't, we are ALL going to correct her...me too.

I know I get too mixed up about "fairness" here alot. I tend to take the side of the "underdog" more than what the rest of the "regulars" normally agree.

I do think that this board is probably the best of the best when it comes to dealing with legal issues....but I also think that this board isn't perfect and sometimes gives inaccurate legal advice based on personal opinions rather than legal truth.

So.....what can I say?
 

Rushia

Senior Member
LdiJ said:
she said that her name was Stephanie a couple of times.
Actually, I think she keeps saying Theresa. That's my aunt's name, so that's why it stuck with me. Personally, I think that it's Kelly as well.
 

casa

Senior Member
LdiJ said:
I know....believe me I KNOW. However she has actually denied being Kelly a couple of times....she said that her name was Stephanie a couple of times. I actually could see her being a member of Kelly's household without being Kelly...LOL. I can also see some chance that she has no relationship to them at all.

However, when it really comes down to things what does it matter? If she gives legally valid advice its immaterial. When she doesn't, we are ALL going to correct her...me too.

I know I get too mixed up about "fairness" here alot. I tend to take the side of the "underdog" more than what the rest of the "regulars" normally agree.

I do think that this board is probably the best of the best when it comes to dealing with legal issues....but I also think that this board isn't perfect and sometimes gives inaccurate legal advice based on personal opinions rather than legal truth.

So.....what can I say?
Well, I admire your patience... I try not to be impatient. <try> :cool:
 

casa

Senior Member
allofus said:
What is the name of your state?What is the name of your state?Georgia

I have 2 minor children. My bf lives with us as a family and he is very involved in my kids lives. Both of my children have disabilities. My ex sees one child 1 time a year and has nothing to do with the other. He lives in Indiana but has family here and visits for 1-2 weeks per year. I have full legal custody of my kids. Can I legally assign gaurdianship of my kids to my bf in the event of my death? I dont want my ex to get my daughter as he is a pedophile. I have documentaion of this from our divorce 10 years ago? Thanks..
How old are the children? In your state they actually have a say in where they live at a young age.

If your b/f is so wonderful and already living with your children as a family~ what's the hold up re; marriage? :eek: Then your b/f can file to adopt the children (shouldn't be terribly hard if the bio. father is as uninvolved as you say), and then ,if something were to happen to you the children would stay right where they are. :rolleyes:
 

allofus

Junior Member
I do not want to get married. My divorce about killed me and we are happy with our arrangement. My children are 13 and 14. The 14 year old is the "throw away " child because he is retarded, and no one on his dad's side of the family wants him, but me and my bf. So he wont be an issue. My daughter is 13 and would prefer to live here where she has attended the same school all her life and where all her friends and my family are. Plus she is very close to my bf. I have come to realize that getting married might help the sitaion but if her still remains only her step dad and still has no right then, what is the point...When my daughter is 14 would she be able to decide on her own where she wants to live, even if it werent with her bio dad? I almost got killed to day in a freak roadhazard accident so all of this is praying rather heavily on my mind. At this point I dont even have a will. One thing my divorce decree says is I have full and all decision making rights for my children. Out of courtesy, I can let the dad know but dont even have to do that. I am wondering if part of my full decision making process can be included in my will. And that could include my childrens wellbeing and safety
 
T

titansfan

Guest
your bf has NO legal rights to your kids-period

nope. as i posted before, your bf is a legal stranger with NO, NONE, NADA ZERO rights to the kids. can i make that any plainer for you? unless you and your bf marry and he adopts the kids, he would have NO say where the kids go if you were to pass away. doesnt matter how much your kids love him, he is NOT their bio parent.im sorry, you will just have to accept that fact. your ex has all the legal rights to the kids, your bf has none.
 

tigger22472

Senior Member
titansfan said:
nope. as i posted before, your bf is a legal stranger with NO, NONE, NADA ZERO rights to the kids. can i make that any plainer for you? unless you and your bf marry and he adopts the kids, he would have NO say where the kids go if you were to pass away. doesnt matter how much your kids love him, he is NOT their bio parent.im sorry, you will just have to accept that fact. your ex has all the legal rights to the kids, your bf has none.

OMG!! You DO know where the shift key is and how to make capital letters!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top