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Off my 1st question about guardians

so what happens when the parents aren't together.. never married.. and no legal custody paperwork.. lets say the mother gets married and the father never does.. if one was to die, does the child automatically go to the father?? or whom ever the mother says??

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mampanda0422

Asked by mampanda0422 at 11:39 PM on Jan. 27, 2013 in General Parenting

Level 16 (2,395 Credits)
Answers (14)
  • I think something like that would have to be worked out in the custody agreement, although I'm not 100%. It makes sense to me that the child would go to the other natural parent.
    JulieJacobKyle

    Answer by JulieJacobKyle at 11:40 PM on Jan. 27, 2013

  • I would think the kids go to the other biological parent, if that patent does not feel capable they could talk to other family or the childrens step father. Maybe the best thing to do since your concerned is to talk to all involved now and make a plan.
    txnmomof4

    Answer by txnmomof4 at 11:45 PM on Jan. 27, 2013

  • Yeah, that would be an awful situation. It would be a good idea to check out what the laws are in your state and find out if you have to have some sort of order in place in case that happens.
    JulieJacobKyle

    Answer by JulieJacobKyle at 11:47 PM on Jan. 27, 2013

  • If the father is on the birth certificate then I believe the child would go to the father. I am not 100% sure on that but that would make sense.
    MamaLisec

    Answer by MamaLisec at 11:43 PM on Jan. 27, 2013

  • To the father unless he was proven unfit
    Dardenella

    Answer by Dardenella at 11:52 PM on Jan. 27, 2013

  • I would think the child/children would go to the biological parent.
    Barring any legal issues if there are any.
    PMSMom10

    Answer by PMSMom10 at 11:43 PM on Jan. 27, 2013

  • Then it would be up to the court.
    PMSMom10

    Answer by PMSMom10 at 11:44 PM on Jan. 27, 2013

  • If there's no other plan already in place, I think the legal solution is that the child goes to their other biological parent. Personally, though, I think that would be the worst thing for the child - they've just lost Mom/Dad and now they're being ripped from their home to live with the other parent. Even if they know and love the other parent and see the regularly, it would have to be painful.

    I would talk to your ex and see if you could get him to agree that, in the event something happened to you, your mutual child could stay with your husband - or at least arrange to make it a slow transition over time so it would be less traumatic to your child.
    wendythewriter

    Answer by wendythewriter at 8:59 AM on Jan. 28, 2013

  • yeah thats what i was thinking but then you know like what if that other parent isn't really involved and then all the sudden they get thrown into a home with a person that is not use to having kids and stuff/???
    mampanda0422

    Comment by mampanda0422 (original poster) at 11:42 PM on Jan. 27, 2013

  • thats intresting and that sucks at the same time.. cause they would seperating sibilings.. man i hope and pray that nothing ever happens to me! at least not until my kids are of legal age!
    mampanda0422

    Comment by mampanda0422 (original poster) at 11:45 PM on Jan. 27, 2013

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