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who gets my son if I die?

My son is 11 I am divorced from his father but I did not file for custody because his father was deported to another county so I figured it wasn't necessary. If I were to die I would never want my x husband to get my son as he is a very abusive man. I would want one oof my siblings or mom to. So would my x get him even if he was deported and not allowed into the usa again?

5 Answers

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  • 8 years ago

    Technically his father would get custody and just because you didn't like him doesn't mean that your son isn't entitled to have a relationship with him...but if you write a will you can appoint one of your siblings as a guardian with another as an alternate. If the father does not know anything happened to you he would have a hard time trying to get custody. Let's just hope nothing happens to you for the next 7 years.

  • NWIP
    Lv 7
    8 years ago

    You need to have a will stating who gets the child if you die. As your ex is out of the country he could petition for the US courts to grant him custody but it can be hard to do if he is banned from the US.

  • ?
    Lv 6
    8 years ago

    Even if u wrote a will, the father CAN contest it and would more than likely get HIS son.

  • 8 years ago

    You better contact an attorney then because his dad CAN get custody of him if he wants to.

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  • ?
    Lv 7
    8 years ago

    No. If I were you I'd make a legal document identifying one of your siblings as your appointed guardian.

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