Can I give guardianship of my child to my parents in my will without the fathers consent? 4 Answers as of September 16, 2011
I'm looking to have a will made up mostly so I can appoint guardianship of my three month old son to my parents if I were to pass away. His father and I aren't and were never married. He is on his birth certificate, but does not take part in his life or support him financially. Do I by default have legal sole custody of my son and am I able to give guardianship to my parents without his father being able to fight it? Or will I have to go through the courts to get sole custody of him before I put that in my will?Free Case Evaluation by a Local Lawyer!
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The Law Office of Erin Farley | Erin Farley
Basically, you can put your parents in as guardians in the will; but if dad challenges that, his parental rights are going to trump. That will not change even if you have sole custody. Absent a termination of Dad's rights, he will be able to challenge the will.
Answer Applies to: California
Replied: 9/16/2011
Law Offices of Paul A. Eads | Paul A. Eads
You may put it in your will. However, if you pass away, by operation of law, he will have 1st shot at custody.
Answer Applies to: California
Replied: 9/16/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
Your parents must provide the other parent with notice and an opportunity to have custody of the child before the court would approve a guardianship of the child. Unless the father's rights are heard he may be able to gain custody after your death. Your parents would then need to prove that the guardianship of your child is in the child's best interest.
Answer Applies to: California
Replied: 9/16/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
California law automatically defaults custody to the surviving parent.You can put you wishes in your estate planning document but it is not legally binding. If the father has a prison record, unresolved substance abuse issues, untreated mental health problems, then the court may grant a guardianship request if your parents elect to file one to have the child in their custodial care.
Answer Applies to: California
Replied: 9/16/2011
