Guardianship after death

[indian spirit]

What is the name of your state? La & MD

Is it possiable in the event of my death that my children go with my brother as opposed to thier father?

Its in our wills now that in the event we both died, but what if it were just me?

We are in the process of divorcing now.

And i am sure you will ask why i wouldnt want the kids to be with their dad, well he doesnt always think things through, he lives for the moment, has no regards as far as tomorrow is concerned, and really could care less about the kids.

 

[Neal1421]

What is the name of your state? La & MD

Is it possiable in the event of my death that my children go with my brother as opposed to thier father?

Its in our wills now that in the event we both died, but what if it were just me?

We are in the process of divorcing now.

And i am sure you will ask why i wouldnt want the kids to be with their dad, well he doesnt always think things through, he lives for the moment, has no regards as far as tomorrow is concerned, and really could care less about the kids.

No, you cannot will your children to your brother. The father will more than likely get custody.

 

[CJane]

Some people should have puppies instead of children.

No, you cannot will your children - married or not. You CAN specify a preference, and the court can choose to honor it or not, but unless Dad is COMPLETLEY unfit (being a poor decision maker or an instant gratification junkie is not the same thing as unfit) he's going to get custody regardless of who you specify.

 

[NotSoNew]

you cannot will your children away.

we just had this question yesterday!

 

[Claire's mom]

What happens if Dad has NEVER been involved since day 1?

 

[NotSoNew]

What happens if Dad has NEVER been involved since day 1?

nothing, it doesnt matter.

 

[CJane]

What happens if Dad has NEVER been involved since day 1?

Doesn't matter. The biological parents of the child have more rights to them than anyone else.

 

[Claire's mom]

Just for curiosity...
is there something they could sign saying they wouldn't want custody under those curcumstances?

 

[CJane]

Just for curiosity...
is there something they could sign saying they wouldn't want custody under those curcumstances?

You can designate a stand by guardian - LDi and Senior Judge are the experts on that info, I think. However, it's not totally binding. If one parent dies, even if the standby guardianship is in place, the other parent can petition the court for custody and will most likely be granted it unless found to be unfit by the court.

 

[LdiJ]

You can designate a stand by guardian - LDi and Senior Judge are the experts on that info, I think. However, it's not totally binding. If one parent dies, even if the standby guardianship is in place, the other parent can petition the court for custody and will most likely be granted it unless found to be unfit by the court.

One advantage to a standby guardianship is the children are not left in limbo if the other parent happens to be an absentee parent.....and its uncertain whether or not that parent would ever attempt to obtain custody.

 

[seniorjudge]

One advantage to a standby guardianship is the children are not left in limbo if the other parent happens to be an absentee parent.....and its uncertain whether or not that parent would ever attempt to obtain custody.

Correct; and I add the admonition that the court will always have the final say after death on where the kids go.