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What would happen to my kids?

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H

Hamper

Guest
What is the name of your state? AR

My ex had his parental rights taken away by the courts a couple of years ago due to no contact/CS in a few years. He has not been around for over 5 years now. My question is, if I die and in my will states what I want done with my minor children, will that be honored or would he be contacted? What if there were no will? There is, but I'm just wondering.

Thanks!
 


I AM ALWAYS LIABLE

Senior Member
Hamper said:
What is the name of your state? AR

My ex had his parental rights taken away by the courts a couple of years ago due to no contact/CS in a few years. He has not been around for over 5 years now. My question is, if I die and in my will states what I want done with my minor children, will that be honored or would he be contacted? What if there were no will? There is, but I'm just wondering.

Thanks!

My response:

You cannot "will away" children. Children are not "property". If you die, and the children are still minors, they will automatically go to their father - - UNLESS, at the time of your death, the court determines that he is "unfit" to care for them. But, that determination will only be made at the time of your death.

IAAL
 
H

Hamper

Guest
I realize my children are not "property". I was just wondering if there were any provisions I could make for them in case I did die. Thanks for your reply.
 

JaneyS4

Member
IAAL:

I AM ALWAYS LIABLE said:



My response:

You cannot "will away" children. Children are not "property". If you die, and the children are still minors, they will automatically go to their father - - UNLESS, at the time of your death, the court determines that he is "unfit" to care for them. But, that determination will only be made at the time of your death.

IAAL

Even though his rights have been terminated, he still gets them?
 
H

hjallge

Guest
I personally did something like a will, but it was called something else. I think that it is a power of attorney (something like that). Basically, it states that in the event that anything happens to me that my parents will take care of my son and make all decisions regarding him as long as he is a minor. Then I we got it notorized. I did that three years ago; maybe you could do something like that.
 
H

Hamper

Guest
hajllge.....that is exactly what I've done also. My concern was that it would not be honored because he is the bio father. I was wondering about parental rights also. Thanks!
 

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