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If I have both physical and legal custody of my kids can i appoint my parents as my kids legal guardians?
I want to do a living will, I have been divorced for two years. My ex-husband refused to do joint custody and gave me both physical and legal custody of our daughters. He only sees them 3 hours a week. I want to make a living will and appoint my parents as my girls legal guardians should something happen. My question is can i legally do that or would they automatically have to go to their father who is in no way ready or able to take care of the kids.
When I brought this up to the kids father, he said that the kids were going to him, and i told him i have the legal right to decide when my kids go in the event of my death and I want then to go to my parents to live not with their father. He is very immature and totally unable to care for them, is there anyway he can stop me from giving parental guardienship to my parents and not him
6 Answers
- .Lv 41 decade agoFavorite Answer
I'm pretty sure you could do that, because to be legal guardians of a child, they don't need to be the child's biological parents, but they do need to be the people who take care of the child. Mostly, they'll need to be a relative.
- Anonymous5 years ago
Be arranged and keen to take the gloves off. you need to play complicated ball in those circumstances. Your spouse won't supply up custody actual simply by fact the youngsters are her meal fee ticket(infant help). The court will seem heavily on who became the standard caregiver. This relatively ability who's with the youngsters extra whilst the different works. interior the previous this became an east depend to make your innovations up simply by fact a woman commonly, for the main area stayed abode with the youngsters. cases have replaced, inspite of the incontrovertible fact that, and an outstanding form of families now have 2 complete time working mothers and fathers. regrettably, the Courts are sluggish to get closer those modifications in society, Bias in the direction of the mummy remains effortless no depend how lots the Courts deny this. The tide is turning inspite of the incontrovertible fact that. do not purely get your self the main suitable criminal expert obtainable. Get the main suitable criminal expert on your section, who is conscious the judges and different gamers nicely. One very final caveat. woman judges, those days, look extra acceptable geared up to seem at the two events as equals, whilst many male judges are nevertheless patronizing in the direction of woman and are lots extra in all probability to furnish them the best thing approximately doubt.
- Anonymous1 decade ago
You can get a Power of Attorney. This allows you to give them the power to have parental and medical rights for the children during a designated time frame. Hope this helps!
- CaCO3GirlLv 71 decade ago
if he has no legal rights to the children you can assign anyone you want as guardians....however, as the biological father he does still have rights and if you were to die he could motion the court for custody and your parents would be in for a fight.
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- LovingBeingAMomLv 51 decade ago
You can put in your will your wishes, but he has every right to step in and try and get them, so just be prepared. Maybe make sure you appoint a lawyer for your family to help solidify your wishes in your will so that they have someone to go to immediately upon something happening and give them the edge.
Source(s): http://www.fathershelphotline.com/ http://www.fathersrightshelpblog.com/ http://www.womenforfathersrightsblog.com/ http://www.women4fathersrights.com/ http://ezinearticles.com/?expert=Dennis_Gac - Anonymous1 decade ago
i'm not sure but you could seek free legal advice from a lawyer who would be able to inform you on if you could and how, for free.