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I don't believe this to be true but if I was to die, would my son's dad whos rights were terminated have a chance to get him back without a will?

I got in a car accident a year ago and after that people have been telling me that since I didn't have a will and if I would have died, my son would have been back in his custody. My son has godparents but they told me that it doesn't matter if it's not in a will.

I'm just curious if this is true.

I didnt know where to put this question - sorry.

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Asked by Anonymous at 5:23 PM on Sep. 5, 2009 in Religion & Beliefs

Answers (7)
  • If his right are terminated than no, BUT without a will the paternal grandparents or other family could petition for custody. Get a will.

    Answer by Anonymous at 5:27 PM on Sep. 5, 2009

  • im pretty sure next in line is an older sibling, if he has one, or your parents, if he had his rights terminated then he is no longer considered next of kin.


    Answer by Dom123123 at 5:28 PM on Sep. 5, 2009

  • They might reconsider why his rights were terminated and may find that there is no reason to NOT give him his rights back and give him the child, if he pursues it legally, I would have a will Just to be on the safe side and to make sure that who I wanted to take over would be the ones to take over. Have a back up in your will if who you choose isn't able or willing there is some one else that you would want.

    Answer by Anonymous at 5:37 PM on Sep. 5, 2009

  • God parents have nothing to do with legal custody. The courts decide what happens to your child even if you have a will. What you put in your will is taken into consideration.

    God parents promise to the church to make sure the child gets religious instruction.

    Answer by GailllAZ at 5:38 PM on Sep. 5, 2009

  • It probably wouldn't cost very much to make sure to have a will in place. And have plenty of certifiied copies made.

    Answer by pnwmom at 5:49 PM on Sep. 5, 2009

  • Answered at 5:37 PM on Sep. 5, 2009 by: Anonymous and GailllAZ I think have the best informative answers.

    you have to look into your states custody laws. why was his rights terminated? Because HE terminated them? Or because of other issues, like abuse, etc? (note: you don't have to answer them on this forum, but just take why his rights were terminated, and see what the law says in your state about his rights AFTER terminations).. remember this is all up to the judge. But a good way to make sure the people you want to take over should anything happen, have rights now, to your son. Sometimes a will can cover that. A parent can still regain rights if the judge deems the termination of his rights in the past, were unjust, or he's changed. Your best bet, would be to discuss this all with a lawyer that deals with family matters.


    Answer by xxhazeldovexx at 6:13 PM on Sep. 5, 2009

  • It probably wouldn't cost very much to make sure to have a will in place. And have plenty of certifiied copies made.

    You can get the forms to create a will online, and you don't even really need an official document, just a written statement of your wishes that is witnessed and notarized. At best it costs you notary fees, and most don't charge (I never have).

    Answer by NotPanicking at 6:25 PM on Sep. 5, 2009

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