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make a will and custody?

I was just wondering if anyone has ever been in a similar situation . I want to make a will and put down that my brother will raise my daughter not her father in the event of my death. however i never went for custody of my daughter. I was never married to the father and he lives in a different state and hardly ever sees her. but that isn;t the reason. he does not want her full time. just wanted to know do i have to file for custody before writing the will?

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lambdarose

Asked by lambdarose at 1:58 PM on Apr. 15, 2010 in General Parenting

Level 22 (14,088 Credits)
Answers (5)
  • oops didn;t mention he is married and has two children of his own so he isn't single.
    lambdarose

    Answer by lambdarose at 1:58 PM on Apr. 15, 2010

  • I know of a horrible drunk mother who had her 4 kids taken from her by the state and given to their father. She was stripped of all parental rights and no visitation. The dad filled out a will to have his family care for the children in the event of his death. He died, the family fought for the kids and she still got them because she is the natural parent. I don't know if the laws regarding wills and what not vary state to state, but knowing what I know, I would invest in a lawyer and find out what you can do. GL
    Anonymous

    Answer by Anonymous at 2:04 PM on Apr. 15, 2010

  • yeah you have to have full custody to be able to give it to your family in the will.
    AmaliaD

    Answer by AmaliaD at 3:48 PM on Apr. 15, 2010

  • The child would go to the person in the will unless the father was put on the BC. If the child goes to your brother, the father could still fight it and get the child. My son's bio father's parental rights were terminated by the court so, he wouldn't get my child should I die. Really the only way to guarantee that the child doesn't go to the father is to have dad's right completely terminated, then he wouldn't be able to get the child.

    Anonymous

    Answer by Anonymous at 12:07 AM on Apr. 16, 2010

  • Doesn't matter if you do have full custody. If he is her only remaining living parent, and you are gone, he can and most likely will be granted custody of her. You need to have his rights terminated, it is the only way to make sure your wishes are carried out.
    salexander

    Answer by salexander at 1:13 PM on Apr. 16, 2010

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