question about wills/gaurdianship

adriens_mommy

So, lately the topic of "who would raise your children if something happened?" has come up and I've been thinking about what I need to do to make sure my kids are taken care of immediately if the need arises. I know that I want both of my kids to go to my mother and I want them to stay together. Where do I even begin? Who do I talk to about arranging this? And what about the kids dads? I know my first son's dad wouldn't exactly want to raise him but his parents would want my son and they are very wealthy and can afford to fight for him. My second child is due in 4 weeks and me and the dad are together but not married. Im sure he would want to have our daughter but I just dont know if it would be the best for her and I can't even explain why-he's a great dad to his other kids and to my son. I just would want my kids together without my mom. And who would make sure my kids get their stocks/bonds (whatever they are called) that have been purchased for when they turn 18?

cmarie324xo

I would think you would want to speak with a lawyer. It would be part of your will.

Angelmonkeymelody

I Would Go TalkTo A Lawyer I Know If AnytHing Happened To Me Or My Hubby They Will Be Going To My Step Mom I Just Have To Go Put It In Writting Or What Ever I Have To do

jules

Sometimes these paper works can be filled out yourself but in your case like many others in America theres a lot of physical stuff involved therefore u have to talk to a lawyer it would be great to get all your wishes but if the other parents are around they get a right first most of the time. They will still be trying to follow your wishes to the best of their abilities. But if the dads want their children they can fight for that right just like you would at a regular child custody hearing. I hope that helps little. Try find one that can give u advice for free and do the rest of the work pro bono I think that's be a lot easier on the financial part of things.

adriens_mommy

What kind of lawyer?

jules

One that practices family law.

adriens_mommy

Ok thanks

candy101

A lawyer but the father has parental rights no matter what you put in a will. So if he doesn't want to give up his daughter you are out of luck unless he is unfit.

jules

That's not true that's what it's for so u have a say even after u die. Like I said before they still their best to keep your wishes but father gets a say as well since his parent unless they can prove his unfit plus they always want to do what's best for the child so for example if he was never around period they would take their time look into it and find the reason why bc maybe if he wasn't around before what makes him ready now?! Ya know. Like I said get together with family lawyer ask himor her all your questions they will help you put your wishes together while keeping those other things in mind. They deal with this everyday so they know what to expect. Plus if something happens that lawyer will get contacted and will participate in your behalf either pro bono or many times other family members pay or you can have money set aside for that.

captivated

You could have it put down in a will, but legally, regardless of who you decide to leave your children with or what the will says, it won't override the biological parents rights in the case you pass

candy101

^^^^ exactly thank you. I would fly off if my so tried to tell me my kids were going to his mom if he died. @captivated

perly

@captivated and @candy101 are right. If the father of your first child (or any of your children for that matter) wants custody after you have passed, he would have the right to fight for it and possibly win.
If something like that were to happen, your kids might automatically go to your parents for a small period of time or however long the custody battle takes, but your will would kinda be out the window in court. Either way, seek legal advice to get more accurate information so you can be on the safe side.