Will or Won't

[blacknativ]

What is the name of your state? Indiana

Can I use a will to grant legal guardianship of my minor son to someone other than his biological father?

 

[CJane]

Nope, he's not a puppy.

 

[rmet4nzkx]

What is the name of your state? Indiana

Can I use a will to grant legal guardianship of my minor son to someone other than his biological father?

Yes, please see,
http://www.in.gov/legislative/ic/code/title29/ar3/ch2.html
re apointment of guardians for minors for estate issues, this is not the same as custody.

 

[CJane]

Yes, please see,
http://www.in.gov/legislative/ic/code/title29/ar3/ch2.html
re apointment of guardians for minors for estate issues, this is not the same as custody.

This would only apply to issues related to property/inheritance/etc, correct?

I automatically assumed that the OP was looking for something along the lines of "He's unfit and I don't want him anywhere near my son when I die...". I apologize if I was incorrect.

 

[blacknativ]

Let me be clear

The state is Indiana

CJane, thank you for pointing out that my son is not a puppy. I don't know how I missed that. Please refrain from posting replies to my questions, as your responses are neither relevant nor helpful.

I have been reading the custody FAQs on this site, and I find it incredible that a judge might award custody to a father who has physically abandoned his child over a caring godfather who has taken an active parenting role. In the event of my demise, I want to ensure that my son is raised by people who love him and share the same values as I do. Why isn't a will an appropriate vehicle for that?

 

[casa]

This would only apply to issues related to property/inheritance/etc, correct?

I automatically assumed that the OP was looking for something along the lines of "He's unfit and I don't want him anywhere near my son when I die...". I apologize if I was incorrect.

I don't think you were incorrect, since OP is posting on a child custody forum.

 

[stealth2]

The state is Indiana

CJane, thank you for pointing out that my son is not a puppy. I don't know how I missed that. Please refrain from posting replies to my questions, as your responses are neither relevant nor helpful.

I have been reading the custody FAQs on this site, and I find it incredible that a judge might award custody to a father who has physically abandoned his child over a caring godfather who has taken an active parenting role. In the event of my demise, I want to ensure that my son is raised by people who love him and share the same values as I do. Why isn't a will an appropriate vehicle for that?

Because a child is not property - which is what a will is used to disburse. Hence the puppy comment. Your child is not property, and his father has equal rights to yours - overriding those of anyone else until a court states otherwise. CJane's comment was short, but to the point. You will property, not people.

 

[casa]

The state is Indiana

CJane, thank you for pointing out that my son is not a puppy. I don't know how I missed that. Please refrain from posting replies to my questions, as your responses are neither relevant nor helpful.

I have been reading the custody FAQs on this site, and I find it incredible that a judge might award custody to a father who has physically abandoned his child over a caring godfather who has taken an active parenting role. In the event of my demise, I want to ensure that my son is raised by people who love him and share the same values as I do. Why isn't a will an appropriate vehicle for that?

Because a Will deals in property and children are not property.

If the bio father has legally abandoned the child, it's possible to Terminate his Parental Rights (depending on the circumstances). Most states require a specific period of no contact &/or no support- and most states also require an adult willing to legally adopt the child.

For more information check out IN Family Law re; Termination of Parental Rights.

Now for the non-legal direction: My oldest child's father was absent from her life for a period of years (no contact, no support)...and had a change of heart re; being a father. He re-entered her life and they've worked through therapy and visitations to have a very valuable relationship today. It's possible. I wouldn't want to shut the door on any opportunity for your child to have a relationship with their father- it could still happen in the future.

 

[CJane]

Why isn't a will an appropriate vehicle for that?

Because no matter how irrelevant or unhelpful my response was, a child is not property that can be willed to someone else, and while there are still biological parents alive and able to take custody of a child, the state would prefer that they do so.

 

[blacknativ]

See for yourself

Nope, he's not a puppy.

There are your original words in all their empty flippancy. You made no meaningful contribution to the forum with that post. I stand behind that.

 

[CJane]

There are your original words in all their empty flippancy. You made no meaningful contribution to the forum with that post. I stand behind that.

Good for you.

 

[stealth2]

There are your original words in all their empty flippancy. You made no meaningful contribution to the forum with that post. I stand behind that.

She made a valid point, albeit succinctly. Puppies = property. Children =! property. Wills can only disburse property. Therefore, you cannot will your child. Understand?

(edit) And with three posts to your name, I doubt anyone is interested in your opinion on what is and is not a valid contribution to the forum.

 

[stepmom&mom]

OK, let us use a bit of logic here. If you don't have the legal right to take away custody from the birth father while you are alive and grant it to whomever you wish, what would make you think that you can do so in death? If you die, the child will go live with the father unless someone else who wishes to ask for custody can show the parent is unfit.

 

[blacknativ]

Quality over Quantity

And with three posts to your name, I doubt anyone is interested in your opinion on what is and is not a valid contribution to the forum.[/QUOTE]


This is a forum for people seeking real answers to questions arising out of real life situations. As the person asking the question, I am the arbiter of what comprises a satisfactory response, so anyone else's opinion on that factors not. Without a proper explanation, CJane's original response was completely meaningless. I wonder why anyone would bother to post such a poor reply, except possibly to have it seen and have others smirk at what they think is a clever bit of wit. Again, cheeky for CJane, not at all helpful to me.

 

[stepmom&mom]

And with three posts to your name, I doubt anyone is interested in your opinion on what is and is not a valid contribution to the forum.


This is a forum for people seeking real answers to questions arising out of real life situations. As the person asking the question, I am the arbiter of what comprises a satisfactory response, so anyone else's opinion on that factors not. Without a proper explanation, CJane's original response was completely meaningless. I wonder why anyone would bother to post such a poor reply, except possibly to have it seen and have others smirk at what they think is a clever bit of wit. Again, cheeky for CJane, not at all helpful to me.

Why would anyone care if YOU think that their responses are satisfactory or not? This forum does not exist to stroke your ego, but for the production of facts and general legal advice. Whether you happen to like it or not has no bearing whatsoever.