I am a single mom with one son. The dad and I are not married and he is not on child support. My son is ten months old and has not received any help from his father except for a few baby items. I have him under my insurance and pay for all his expenses. I would like to know what I can do in case I happen to die. I would want him to have my parents as his legal guardians. Since my child and I both live with them. Or does he automatically go to my his father? Is there any legal actions I can take such as a will? Or does the court legally just have the father step in and take over custody?
1 Answer from Attorneys
If you die, the child won't go automatically to the father. Paternity hasn't been established.
If the father comes forward and files a paternity action, or if you file one, and the court signs a written order that he IS the father, then he is legally the child's father, and if you die, the child would go to him.
In a will you can designate a guardian for the child in case you die.