In the death of a divorced parent..?
can grandparents get custody if the other natural parent is alive? My parents think if I die, they will get to raise one of my sons. (They don't want the other two!) I think this is a bizarre assumption but since money is the motivation, I want to prepare my mindset..Anybody know family law or current laws in Texas or Florida? Yes, I am writing a will because I know someone will try to kill me next time my oldest son goes away for visitation..
Answers:
Contact an Estate lawyer to have your will registered with the court.
try to kill u? i made out my wishes for where i want my children to go when i die.If their father is alive they will go to him unless ur family fights it and can prove him unfit.If hes not around then they go where u docemnet them to go unless the family fights it and proves that person is unfit.
WOW u hav problems
the only way grandparents can get custody of the child is that they must pay to drag the father (or mother) into court and prove that they are unfit. even so...if they did prove the parent unfit...what does that say? it says that dhr is able to take the child until a judge makes a judgement about who will get the child. it is almost impossible unless the parent is extremely unfit. even abusive or negligent parents are no declared unfit unless it is an extreme case of abuse. when a man and a woman share a biological child...the grandparent's have absolutely no legal rights to that child.if that parent decided to never allow the grandparents see the child...there is not a darn thing they can do about it legally.
You need a will and have it notorized professionally. The courts usually try to put the children with the next of kin if you don't have a will or if that will is questionable. Make it clear and let your family know that it is. Question, why is there "visitation," the reason may prove very relevant.
Grandparents have no legal claim to grandchildren, whatsoever. They are only allowed to raise them if the parents agree to it. Courts will always try to place orphans with family members, but grandparents have no greater standing than aunts, uncles or any other blood relatives.
If you die, custody is automatically given to the father(s) of your children. If you have three kids with three different men, each will go to his/her own biological father. Keeping them together will not be a consideration of the court. The grandparents will not be granted custody unless the biological father agrees to it. Courts consider them one step above a stranger.
A will does not ensure anything with regards to your children; wills are for property, and children are not property. You can name anyone as a guardian for them temporarily, but you cannot dictate who will get them in the end. You don't have that right in life, so you don't have it in death, either. Only courts can decide their final disposition.
If all of your children go to a particular father (whether he's the father of all of them or not), he owns them, as far as the law is concerned. He can do whatever he wishes with them. He can give custody to his parents, your parents, or any other responsible adult he chooses. Your will has no effect once he takes custody of them.
As far as bieng afraid of being killed when they go away, your best bet is not to let them go. If you think that your parents will have you killed, you've obviously got some longstanding, deep-rooted issues on your side of the tree. Whether you are mentally ill (paranoid) or not, if you believe that your parents are capable of such an act, they should never have contact with your children again. Grandparents have to earn the right to engage your children, the same as any stranger does.
If you wouldn't feel obligated to let your kids stay at neighbor's house, just because you know them, then you shouldn't feel obligated to let them stay at your parent's house. If you do feel obligated, then you aren't a parent; you're a caretaker. Parents protect their children, no matter what the cost is or who they hurt. The children must come first, period.
If I haven't set you straight, call Dr. Laura. She'll set you straight.
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