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help! advice on declaring a guardian for our child if we die?

My husband and I have decided we want our child to only be left to one set of grandparents and not the other, and we want to make sure this is properly established on paper. Does anyone have any advice? Around how much would this cost and anything in particular we need to think about? It should be pretty straight-forward. There are no step-parents in the mix or anything. We just want it firmly in place that if we die our son goes to these grandparents and nobody else. We have heard horror stories of children being sent to foster homes while the grandparents fought over the child and we do not want that to happen! Please, any advice is appreciated. Also we live in Alabama, so if anyone knows a good lawyer for this around here, please send me the name! Thanks!

 
sammybear71

Asked by sammybear71 at 5:35 PM on Dec. 31, 2010 in General Parenting

Level 3 (19 Credits)
This question is closed.
Answers (13)
  • Yes, just put it in your will and make sure it is clear where and who you want to get custody if something happens to you. If you have nothing in place, for where your child(ren) go, then the court decides. You can do it on your own, but I would at least have a consultation with a lawyer to make sure you get everything correct, etc.
    Tawneekitn

    Answer by Tawneekitn at 5:51 PM on Dec. 31, 2010

  • Where I come from grandparents do not have rights. So basically if you leave them with one set of grandparents the others dont have a fighting chance. Just get a good laywer to make your will and talk to him for legal advice with the matter. Unless the parents you are leaving ds with are a threat or unfit then no one can change what you have stated in your will
    Steph319

    Answer by Steph319 at 5:39 PM on Dec. 31, 2010

  • Im in NJ btw
    Steph319

    Answer by Steph319 at 5:40 PM on Dec. 31, 2010

  • You simply need to put it in your will and file it at the courthouse. You can do this free. Just make sure you are very clear about your wishes for the placement of your child. It is a legal document and the courts are bound to your decision. You would need to find an estate planning attorney if you want an attorney to create and file your will. If you want to do it yourself, here is a great web site with all the information about guarianship: http://www.doyourownwill.com/naming-guardians.html.
    neebug3766

    Answer by neebug3766 at 5:43 PM on Dec. 31, 2010

  • Consult a lawyer. ALot of them have free consultation. I think you just need to put it in a will. It wasnt that expensive here to do it.
    LizzieAnnesMom

    Answer by LizzieAnnesMom at 5:50 PM on Dec. 31, 2010

  • it gets a little complicated 'cuz as long as your kiddo already has an established relationship w/ the other grandparent(S), they could sue the guardian grandparents for visitation rights. particularly if you aren't OK w/ that you should get a lawyer who does that stuff and nothing but that stuff. it will cost ya, sadly, but worth it if it's a big concern to u
    hibbingmom

    Answer by hibbingmom at 5:53 PM on Dec. 31, 2010

  • Do it on Legal Zoom, you give the info and they send you the paperwork all filled out and it only costs about $200
    JLS2388

    Answer by JLS2388 at 6:29 PM on Dec. 31, 2010

  • "it gets a little complicated 'cuz as long as your kiddo already has an established relationship w/ the other grandparent(S), they could sue the guardian grandparents for visitation rights" While true in some cases if the filer at the time is not in their right mind, but if they are then the other set of GP cn take the other sets of GP to court all they want, but nothing will happen except they will losing money. But if u want to make thiungs easier, just make sure the other set of GP have visting rights. My cousin went thru that same thing a few yrs ago. The one set of GP's wanted to visit her, but her parents stated in their will thast under no circumstances is that set of GP's will be having any visting rights at all, due to a very good reason cause her mom was molested by her father. They wasted thousands of dollars fighting this will. BTY, it wasn't stated on the will why that set of GP had no visting rights.
    Michigan-Mom74

    Answer by Michigan-Mom74 at 6:41 PM on Dec. 31, 2010

  • You need a lawyer. You write out a WILL, file papers(lawyer can do this), and it cost us a couple of hundred dollars. We also had life insurance set up, his college fund, etc.
    Mom2Just1

    Answer by Mom2Just1 at 7:04 PM on Dec. 31, 2010

  • There is a website u casn go to called http://www.worldlawdirect.com/ You can type a question and a lawyer will get back to u in 24 hrs or less for a small fee, or u can post it on there and a lawyer will get back top u in a few days or so. Or another option is that there are many questions that may be like the ones u are asking and u can read those. There also be options that you can do and ask them if they can refer u to a good atty. Good luck
    Michigan-Mom74

    Answer by Michigan-Mom74 at 7:06 PM on Dec. 31, 2010

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