Thursday, August 19, 2010

I need some legal advice on children?

okay so i have a 2 year old son and last night i was thinking if me and my husband died who would get our son. so my husband mother and father my husbands father has rape charges on his file and i told his mother that she and her husband would not get my son if something happend and she said they would because his rape charges are not on a child but i think it doesnt matter becasue it is still a felony and its a sexual charge so if we were to die would they get him? and the other thing is my mother lives in wy and i live in ca and if we did die would my mom be able to get custody with her living so far aways? i really need help and it scares me soo please just anwsers that arnt rude or anything i just want advice on if they would get him or not thank you so much for your helpI need some legal advice on children?
Well this was the hardest description to read, ever. Please, for heaven's sake the next time use punctuation or at least full stops so one can clearly understand the text you type.





Okay getting to your question, since I am not a lawyer nor do I have any precise idea as far as the laws in your country go, I will only be able to make a guess.





The court should decide as to who is


1. Most Willing


2. Most capable





of handling your child, and would hand it over to them. In case no one qualifies as a suitable guardian, I believe the kids will be sent to an orphanage, which I don't think should happen unless you are totally anti-social and all.





This is just a guess, if you are indeed worried, you should think forward to consulting a lawyer, but more than that, you should look forward to thinking positively in life, even though I do realize it is your care and worry for your children that made you ask the question you did.I need some legal advice on children?
I'm pretty sure that you can make guardianship rrangements enforceable by putting them in your will. They can still be litigated, but the court would have to decide the matter according to the best interests of the child. Once the grandfather's identity as a sexual offender came to light, I seriously doubt that the court would parse over the specifics.
The best way to determine who gets custody is to discuss the issue with the people you want to have custody, get them to agree and then have a will drawn up that specifies that is what happens.
If you and your husband dictate in your will that your mother will be the legal guardian of your children in the event of your death, that is what will happen. (As long as your mother agrees).
I think you can specify in your will who you want to get custody. Speak to your lawyer.
No your sick father in law would not get them they look at all that when considering your mother would most likely get them also state it in your will to
Get a Will for SURE. That should help, heaven forbid something ever happen.
i think your mom would get ur baby.....


i think that's something you sort out in ur will papers o.0
don't die?
If you do not make out a will and designate someone than the closest living relative will gain custody. Now if you have named godmother and/or godfather than they usually get custody. Seriously though you need to make out a living will with the stipulation who get custody and who dos not. I would also check with the laws in your state regarding ex-felon sexual predator (a rapist) having custody of minor children. Laws are changing constantly with regards to this issue and it maybe that as long as your father-in-law has a conviction he cannot gain custody as they do background checks on foster and adopted parents also.

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