Wife WIll -SIL to Share 50% Guardian Right

[gege]

What is the name of your state?GEGE - California

My wife wants me to sign her Will stating that I agree that if she passes away, I will consult my sister in law on all matters and major decissions on behalf of my daughter (education, travels, health related matters, living arrangements, etc). It states also that I will not move back and take my daughter to my native country until she is 18. It states that I will have physical custody, and that I can take her to my native country for vacation.

My wife threatened me in the past with divorce if was not going to sign her Will. She said that a divoce will give her full custody and that then she will give her right to her sister in case she passes away.

My wife says that she does this to protect my daughter in case I remary. I said that I was not planning too.

I love my daughter and my wife, but I don't feel it is right for my SIL to have 50% Guardian right.

Plese give me your advice.

Thank you

Gege

 

[BelizeBreeze]

Do you have a copy of this will for your own keeping?

If not, tell her sure, let me read it and I'll sign it, then when she does hand it to you, tell her no thanks and put your copy in a safe deposit box with your name only on it or deposit it with your attorney for safekeeping.

Then tell her to please file for divorce. You'll simply provide the court with a copy of her will and the circumstances surrounding her attempts at duress in forcing you to sign such a document.

Make sure you file for full legal and residential custody also with support to be paid for by her.

Such a will is invalid on its face since a child is not property.

 

[gege]

Gege -California

I have a copy of the Will, but what I didn't mention is that I have an interview for citizenship in three days and she is threatening me saying that she will call the INS and will say that we are getting a divorce. I have a temporary green card based on marriage, bu I have only the stamp, because they are still processing the actual green card. Because we have been married for more that 2 yrs since I got my permanent residency I filed for citizenship.

She told me That I have 2 days to decide or she files for divorce. She will seek full custody and is going to sell the house.

Right now I'm mainly the sole provider, she is on a leave of absence


Please advise

Thank you

 

[singlemomof4]

tell wife to bug off

sorry but your wife is wrong.a divorce will not automatically giver her full custody,thats for a judge to decide. even if she gets custody,you will be entitled to visitation rights wether she likes it or not.if she were to pass away,you would automatically get custody.you have more rights to your child then your sil.

 

[all4daddysgirl]

Gege -California

I have a copy of the Will, but what I didn't mention is that I have an interview for citizenship in three days and she is threatening me saying that she will call the INS and will say that we are getting a divorce. I have a temporary green card based on marriage, bu I have only the stamp, because they are still processing the actual green card. Because we have been married for more that 2 yrs since I got my permanent residency I filed for citizenship.

She told me That I have 2 days to decide or she files for divorce. She will seek full custody and is going to sell the house.

Right now I'm mainly the sole provider, she is on a leave of absence


Please advise

Thank you

Tell her.. "Honey a divorce will take more than 24 hours so go screw yourself", then consider divorcing her A$$.

 

[gege]

GE -California

What hurts me the most is that she is willing to go through a divorce if I don't sign it, and her sister is 100% behind her, she drafted the Will since she works as a paralegal.

I think my 16 month old child will suffer the most in the future if we get divorce, but they don't see that! They say that I need to sign it to put my wife at ease in case something happens to her and passes away. They say it's worth to go though the divorce, if that's the only way to grant wy wife wishes!

 

[BelizeBreeze]

Gege -California

I have a copy of the Will, but what I didn't mention is that I have an interview for citizenship in three days and she is threatening me saying that she will call the INS and will say that we are getting a divorce. I have a temporary green card based on marriage, bu I have only the stamp, because they are still processing the actual green card. Because we have been married for more that 2 yrs since I got my permanent residency I filed for citizenship.

She told me That I have 2 days to decide or she files for divorce. She will seek full custody and is going to sell the house.

Right now I'm mainly the sole provider, she is on a leave of absence


Please advise

Thank you

She, of course, can file for divorce for any reason. However, why haven't you called the INS and informed them of what your wife is attempting to do?

 

[gege]

GEGE California

We talked about it 9 months ago and had a big argument over it, I said I will need to see how it is drafted. I said I won't sign something that I don't agree with.

Well yesterday at 11:30 pm she showed me the draft that her sister did for her. She told me that If I don't sign it, she will have her Will done by a lawyer and it might cost $5k and she will charge it to my credit card. I responded that It's not because it is done by a lawyer that I will sign it.

I said that if someting happens to her I will seek her sister advice some of the times and my daughter will still be in touch with her sister, but that I didn't think she should have 50% right because she is not one of the parent.

I didn't contact the INS because I hope to resolve it before my interview.

 

[djohnson]

Even if she gets the divorce, she still doesn't get her way. In the divorce she may or may not get physical custody. Chances are good now and days for joint custody. Plus her lackmailing you looks badly on her. Even if you are divorced and something happens to her, the child becomes yours solely naturely. The sil has no say in it what so ever. Let her file. I won't effect your green card. The process takes to long and you would already be home free.

 

[gege]

GEGE California

I was signing the Will would it be legal and can it be enforced?

Thank for your advice

 

[djohnson]

You can always alter your will , if this is set up like a joint will. The newest one wins out. Make sure it is somewhere safe.

 

[gege]

Gege California

IT is titled a "Bidding Agreement of Legal Guardianship to be Enforced Only In Premature Death Of My Wife".

Me , my wife and my SIL are supposed to sign it.

It is not a joint will because it addresses only the case of my wife's premature death