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by Shemarq the Wamama on August 14th, 2009
Is his name on the birth certificate? If it is, ask him to sign a denial of parental rights. If he won't, I would take it to court and see if a judge will grant it. He will either lose parental rights or get hit with past due and future child support.
by vera city on August 14th, 2009
yes, any legal document can be contested, even a will! to increase the likelihood that your wishes are followed, make sure your son has a close and loving relationship with your brother. that way two things are accomplished, 1. the boy will have a positive male influence (which is needed) 2. and if the welfare of the child is ever in dispute, the courts lean toward keeping him with someone he knows and loves, rather than a stranger, however closely related they may be.
by Naamah on August 14th, 2009
Yes the biological father can fight that. Have you considered asking the father to sign off on his parental rights? In many cases the father who does not want to pay child support, and it can be forced(have you filed for support?) will sign off on their rights to avoid paying.
by buttkisses on August 14th, 2009
You can say so in your will, and your brother can file for emergency custody once you pass. Then it would be in the eyes of the court who would be best suited for your son. If his father has not been in his life, and your brother has chances are your brother would win. Courts do what is BEST for the child. Just because there is a father...does not mean that is what would be best for the child. If your brother is not a regular part of your sons life chances of him winning custody are slimmer.
by roiboysatx on August 14th, 2009
every state is different. i hate lawyers, but you should see one about this. why haven't you taken him to court over child support? does he know about the baby?
by RysMom on August 14th, 2009
I hate to say it, but he can fight it and he might win. It just depends on the judge and how good of a lawyer he gets! If you leave behind possessions or money as well, that can motivate him so make sure your assets are covered and go ONLY to the child. You could put your brother in charge of all your assets no matter what.
by Thriftymaid on August 14th, 2009
Absolutely and in my state the father would get the child. True he may not have been involved in the child's life, but on the other hand, he has had no negative impact on the child. You can certainly put your preference in your will, and you should. However, your child's father's rights will not be affected by your will unless there is cause. If I were you I would have a local attorney draft my will.
by Happy-Dance on August 14th, 2009
ofcorse he can..he is the father..will he win..it depends on how old the child is..if the child is say 13 or 14 and expresses a wish to stay with your brother..the judge will take that into account..but a young child will not have a say..and biological parents always get preferance in custody cases unless they are proven unfit
My late wife and I had a trust for our kids. I removed all the monies and paid for my kid's college. Can my kid's come after me?
by sunmariner07 on March 22nd, 2011
| 1 person likes this
Can a person be legally entitled to something that "was promised" to them but which isn't mentioned in the written will of the deceased?
by dickens77 on March 13th, 2011
| 1 person likes this
How Italian inheritance law works? My father is Italian and dnt want to leave me 1euro after his death because he divorced from my mother
by Italian_Sailor on June 1st, 2011
| 1 person likes this
I am in spouse's will to inherit property. Property owner is 103 and outlived spouse. Nephew said he is POA and has new will What are right
by Anonymous on March 23rd, 2011
| 1 person likes this
My Dads wife of 16 months made him change titles AFTER he made his will(she WASN'T named)Is she entitled to the jointly owned property?
by pammylynn2 on April 10th, 2011
| 1 person likes this
You're reading I would like to leave custody of my 14mo old son to my brother in my will if i die. my sons father lives in idaho,has never seen his son, or paid child support, has absolutly no relationship with him. if i die can he fight that?
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Comments
no his name is not on the birth certificate.
by jennmarie on August 14th, 2009
Then you should be ok. He would have to go through alot of expense and red tape to "prove" he was the father. It is pretty obvious that he won't do that. Just to be safe, if you are not planning on going after child support, on any documentation where it asks for the father's name, put "unknown". I had to do this with my older son's "sperm donor" because he became very volatile and dangerous and put me & my family at risk. That was 22 years ago and I never had an issue with it.
by Shemarq the Wamama on August 14th, 2009
i am trying to take every legal way i can to avoid the problem for my brother.
by jennmarie on August 14th, 2009
Just state in the will that the father is "unknown". He will have a harder time trying to fight it and from the sounds of it, he probably wouldn't, but I understand how you feel as a mother in this situation.
by Shemarq the Wamama on August 14th, 2009