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Will the kids separate?

I had a friend that passed this week. She had 5 kids, 2 from a previous relationship and the other 3 from her husband. Her husband has been taking care of the 2 kids for the past five years the biological father has not have any contact during this time. My friend wrote out a will stating that she does no want her kids to separate. Can the bd take the first 2 kids away? BTW her husband did not adopt the first two kids.

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nicjon

Asked by nicjon at 11:35 AM on Feb. 8, 2011 in Relationships

Level 19 (7,698 Credits)
Answers (16)
  • Legally, yes.
    Anonymous

    Answer by Anonymous at 11:35 AM on Feb. 8, 2011

  • He could try, but it's unlikely that he would succeede
    Zakysmommy

    Answer by Zakysmommy at 11:36 AM on Feb. 8, 2011

  • yes unfortunately.
    HannahLee87

    Answer by HannahLee87 at 11:37 AM on Feb. 8, 2011

  • Yes legally he could. All she can really try and do is talk to him and get something in writing showing he would not do that and wants them to all be together.
    gemgem

    Answer by gemgem at 11:39 AM on Feb. 8, 2011

  • @ gemgem she died three days ago but she did leave a will
    nicjon

    Comment by nicjon (original poster) at 11:40 AM on Feb. 8, 2011

  • If the biological father has not has contact with HIS kids in 5 years... I can't see any judge ripping them from their home because he all of a sudden shows interest after the mother dies... where was he before that???
    MommaClark3

    Answer by MommaClark3 at 11:41 AM on Feb. 8, 2011

  • He can try, but the fact that the biodad did not have any contact will ultimately harm his chances, though it's still entirely possible that he could take those kids.
    amybaby_19

    Answer by amybaby_19 at 11:41 AM on Feb. 8, 2011

  • Ask the step dad to make "The best interest" of the children the pushing issue, not he said/she said, or the fact of the will... if the bio has had no contact that long it could be horrific for the kids to be taken from the only thing they've known and the will an underlying factor!
    MommaClark3

    Answer by MommaClark3 at 11:43 AM on Feb. 8, 2011

  • They try to do what's best for the child if their stepdad has looked after them for that long I think that they should place them with him. However you can never tell with these cases, sometimes they're idiots. Her will we sway it too, if the children are old enough to be asked that will also help.
    leah_rai

    Answer by leah_rai at 11:45 AM on Feb. 8, 2011

  • Bio dad lives in the same neighborhood just chose not to have contact with them.
    nicjon

    Comment by nicjon (original poster) at 11:46 AM on Feb. 8, 2011

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