Legal Question - Who gets child if primary custodian dies

Crystal318

I am wondering, if I am the primary physical and legal custodian, will my son automatically go to his dad if I pass away? We have a visitation agreement (which he never sticks to), he only sees our son when I am around. He is supposed to take drugs tests on a monthly basis but never does therefore I supervise the visits. He doesnt ever ask to have him overnight (not that I want him to if he is on drugs - just making a point), he hasnt had him overnight since July which was the last time he was sober (he was on probabtion and being drug tested by the courts). Given his history, and he does have quite the history and the courts are aware of his drug problems, DUI's, anger issues, etc...would they award custody to him if something happend to me? Surely not, right?  I do  not have a will, although I know I need to get one. I did just type up my own wishes regarding who I would want to have custody of my son and why, had it witnessed and notorazied. I know its not a legal document (or is it) but it has to be better than nothing, right?

MinnesotaMomma91

Talk to a lawyer. None of us here can tell you the laws where you live. Your lawyer can.

That said. I would assume your lo dad would be given first choice at being given full custody.

20thirteen

Well, with his drug history, your LO may go into foster care. I agree with lamuehlen, contact a lawyer. See if there are any that would give you a free consult for advice. Or call and ask what the rate would be for a will. Some Internet sites do wills for like $50-$60.

MinnesotaMomma91

Roxalot said:

Well, with his drug history, your LO may go into foster care. I agree with lamuehlen, contact a lawyer. See if there are any that would give you a free consult for advice. Or call and ask what the rate would be for a will. Some Internet sites do wills for like $50-$60.

My experience is a consult with a lawyer is 25 to 50 dollars and 100-200 dollars for them to do and file legal paperwork. Its totally worth it.

I have to have a living will at this time until bd moves his ass and gets on the birth certificate. Since i was legally married when i got pregnant so ds is presumed by the court to be xh child and xh would get ds even though he has a record. The living will garuntees that bd would get ds

eg214

Yep. Contact a lawyer as laws vary on both custody and wills from state to state. (I'm taking a wills/probate class now) In some states, writing your wishes on a piece of paper and having them witnessed and notorized is upheld in courts. Sometimes, the witness has to be someone not affiliated with the case whatsoever for it to be upheld. When it comes to custody though, that might be something different because your son isn't property. The court always looks at the best interest of the child, so my guess is that because of his unsteady drug history, he wouldn't go to him right away, but if he got clean and proved it to the court, my guess is your son would go to his father.

None the less as a PP said, get a consultation with an attorney to have your questions answered. For probate/wills, I'm sure it would be very affordable compared to contested legal issues like family law.

inthelost

I would make sure to get a will, stat, and make your wishes known.