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.
Related Questions & Answers
My wife and i have recently seperated and she will not allow me to see our 2 year... Asked 8/06/10, 8:05 am in United States Texas Family Law, Divorce, Child Custody and Adoption
I just received a Dr. bill for $850 for plastic surgury on my 16 year old daughters... Asked 8/06/10, 7:09 am in United States Texas Family Law, Divorce, Child Custody and Adoption
Do I have any grounds for suing for the return of joint property that my husband... Asked 8/06/10, 3:02 am in United States Texas Family Law, Divorce, Child Custody and Adoption
My name is Danielle Murphy. And I was hoping u could really help me. I need to know... Asked 8/06/10, 12:53 am in United States Texas Family Law, Divorce, Child Custody and Adoption
My wife of 10 1/2 years has came to me and asked for a divorce......I found out from... Asked 8/05/10, 9:04 pm in United States Texas Family Law, Divorce, Child Custody and Adoption