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If I am currently in the middle of receiving court dates for child support and Visitation do I have an obligation to notify my ex-husband, his lawyer and/or the court that I have been diagnosed with "severe"cancer? PIOG

What rights do I have to make a will stating that my son would rather live here in my county with either his grandma or Godmother? Or to request that my ex-husband (who only sees our son once a year) give visitation to my side of the family or in turn let himlive with my family and he do his usual once a year visit although ex-husband chooses not to see our son? My ex-husband only lives 65 miles away.

 
ItsMeGigi69

Asked by ItsMeGigi69 at 5:09 AM on Sep. 9, 2009 in Relationships

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Answers (4)
  • He may not want full custody of your son....if he hasn't up until now even had regular visits. I would honestly go forward with the court hearings as scheduled. No one knows for sure what is going to happen from one day to the next.....If I were in your shoes I would want to prepare the best case scenario for my kids too. Do what you would do if you did not have the cancer diagnosis....and then deal with one day at a time.
    BJoan

    Answer by BJoan at 7:15 AM on Sep. 9, 2009

  • I'd say leave a will stating that your famiy will get full custody of him because is his dad doesn't want to see him then why hand over custody to him. If you have a lawyer ask him, because it may make a difference on what happens in court.
    vgiron

    Answer by vgiron at 5:19 AM on Sep. 9, 2009

  • You do have a moral obligation. Nonetheless, you should notify your atty and follow his advice on how to handle this situation. You can certainly write and should write a will both living and final. You should have already noted with the court the lack of visitation so that your atty may have that information. You may also need to face some harsh facts- unless abuse or neglect can be proven the courts will consider his parental rights upon your death. They will take into account your final wishes, but if there is not any legal reason to withdraw his rights, then your family may be left to fight him for custody. Fortunately parental rights cannot be taken by one parent (even a dieing parent) without proper documented reason. The courts would certainly take your wishes into account - but you can't just wave your hand and have his rights removed- the courts need something more concrete than your opinion.
    PaceMyself

    Answer by PaceMyself at 5:59 AM on Sep. 9, 2009

  • I don't have an attorney. :(
    ItsMeGigi69

    Answer by ItsMeGigi69 at 6:15 AM on Sep. 9, 2009

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