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I need 1 simple legal question answered, but i have no idea where online to look to ask, does anyone know? Legal Aid here wont help me.



DOES IF ANYONE KNOW IF I HAVE SOLE CUSTODY OF MY DAUGHTER IN THE STATE OF DELAWARE, WITH MY SEX NEVER EVEN OF HAVE SEEN OUR CHILD BEFORE, IF I LEAVE MY DAUGHTER TO ONE OF MY FAMILY MEMBERS IN MY WILL, IF I WERE TO DIE, WOULD THEY GO BY MY LEGAL WILL, OR WOULD THEY GIVE HER TO MY EX EVEN THOUGH I HAD THE SOLE CUSTODY OF MY DAUGHTER????????????

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misskrissie

Asked by misskrissie at 1:54 PM on Oct. 9, 2009 in Politics & Current Events

Level 12 (695 Credits)
Answers (7)
  • I'm not sure about DE but we have legal custody of 3 of our grandchildren. We were told by our attorney that we needed to get a will because it was basically the same as if they were our biological children. That our wishes would hold greater sway with the court then if bmom/bdad would want the children. They would have to prove that there was something wrong with our wishes and that it could be a danger to the children. Also they would have to prove that they were now fit to raise the children since they were already removed once.

    I am assuming that this would be much the case for you. I'm surprised that your lawyer can't help you with this.
    baconbits

    Answer by baconbits at 1:58 PM on Oct. 9, 2009

  • Im going through the same thing in PA. Well I have a child whos father has saw him once and that was when he was a month old. My son is going to be 6 in Dec and his father has no rights to him at all bc he hasnt for many years. Now my daughters father hasnt seen her in almost 3 months or talked to her but if something would happen to me then my daughter would go to her father. Even though my husband now and I are raising her. Our lawyer had told us if the other parent has not had anything to do with a child for a year then you can fight for full custody and theres not much that parent can do. But remember he can always go to court and say that he will see her. Thats what happened in my case. He said that he would make a time to see her and he hasnt made too much of an effort at all. Good luck!
    Goingthruitall

    Answer by Goingthruitall at 2:13 PM on Oct. 9, 2009

  • If your will is legal and you have sole custody and the ex has no rights, the will trumps all.
    gdiamante

    Answer by gdiamante at 2:20 PM on Oct. 9, 2009

  • He can still file for custody because legally it is his kid, too. You need him to sign away his rights.
    Tiera12

    Answer by Tiera12 at 2:36 PM on Oct. 9, 2009

  • People are confusing sole custody with removal of Parental Rights. With sole custody, he still has rights and those rights trump your will. If his parental rights were removed the your will withstand any attempt for custody by him.
    lori232

    Answer by lori232 at 3:15 PM on Oct. 9, 2009

  • Call the clerk of courts. They often answer questions like this. However, I believe that if you have sole custody, the will is filed at the courthouse, and you have named a guardian, that is what happens. You aren't planning a "trip" are you?
    jesse123456

    Answer by jesse123456 at 3:16 PM on Oct. 9, 2009

  • You do not have "sole custody" unless it has been granted to you by a court. It doesn't matter if the dad hasn't been around. Without a court order you just have "physical custody."

    Is the dad on the birth certificate? If not, you can probably assume you have sole custody. However, state laws differ. You need a lawyer in DE to help.
    yourspecialkid

    Answer by yourspecialkid at 4:23 PM on Oct. 9, 2009

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