If I were in some sort of an accident, who would my 1 1/2 year old son go to?

Question

I want to know this because i'm not involved with the father of my child and i have my family, which is only my Aunt. yet my best friend's family is extremely close with my son. who would take care of my son if something were to happen to me? i really need specific details. I need legal evidence. Thanks.

Answer 1

Is the father in the picture at all? If not, you need to sit down and seriously think about who you would trust with your life, who is physically willing and able to care for your son and that is who your son should go to.  You should get a will written so there is documents if something were to happen it would show with your signature that that is what you want for your son.  If I were you i would pray a lot about it and God will give you an answer!

Answer 2

are you catholic? god mother or god father is supposed to take care of your child if something was to happen find out who you want them to be and have it legalized. or notarized

Answer 3

As long as the father has not given up parental rights the child will go to the father.  Your lack of involvement with him doesn't matter, he is the child's biological parent.

lemmonlime is dead wrong when she says "God parents" are the ones who take the child.  A god parent's duties lie ONLY with the child's religious upbringing and not with raising the child.  (My parents are Catholic).  god parents are to make sure the child keeps up with religious training if anything happens to the parents period.

Answer 4

You need to check the laws where you live [talk with an attorney, do research on Testamentary Guardians for children, Child custody, etc] as they can vary by State or Province [& in general by Country].

It is important to have a Will [and a Living Will], appoint an Executor or Executrix to manage your affairs [after your death], someone you trust [legal age] & know will follow through with all duties required.  Name who you want to be the legal guardian/s of your son, you can express your desire for them to have legal custody however you cannot appoint same, the court determines that.  

A custodial parent can name whoever he/she wants in their Will, however, the court will presume that the surviving parent is fit and will award custody to that parent, ignoring any other designated guardians you named.  Where two biological parents exist, and one passes away, the other has the right to custody of his/her child [or children].  The exception to the presumption being; parental rights can be terminated if one parent has a severe criminal record, or drug and alcohol problem, or there is proof of gross misconduct or abandonment, or if exceptional circumstances exist.  

If your son was born out of wedlock – the father is considered a parent only if he has legitimated the child; has taken some legal action to be recognized as the legal or lawful father.  Is the father named on the birth certificate?  Has he had any contact with your son or tried but you denied him access….or provided any support; even if he hasn’t given money if, for e.g., he has your son included in his health insurance, that is support & evidence of a legal relationship?  Would he want custody if something were to happen to you?  If so, unless his parental rights have been terminated by a court of law, or the designated guardians could prove your son would be at risk in his care, his right as the father would be upheld.  Is there reason why he shouldn’t  be provided custody?  Generally the State would like to place children with family members, even if he wasn’t awarded or didn’t want custody [he’d still have to pay child support], if his parents or a sibling do & are able to give your son a loving home & provide for his needs, odds are they’d prevail over your friend given your son is so young.  If the father agreed to give parental rights to who you designated the State ‘may’ honor that [if they prove they can provide for your son etc] – check with an attorney.  

I don’t know what the situation is with the father, but if possible for you to discuss this with him do so, it is far too important to leave to chance.  Talk to a lawyer first so you know what your & his rights are based on your situation.  Whatever you decide, do it with your “son’s best interest” in mind.  This site has some good info plus attorney’s who will answer questions, this link is the custody section [lower right side bar for area to email a question – if you like].  Good luck.

http://www.dearesq.com/category/family-l...

Edit to add; forgot to mention he can also request a DNA test at a court proceeding should there be any dispute regarding paternity.

Answer 5

Technically the closest biologically related relative if you want him to go to someone else if the worst should happen you need to see a lawyer and have a will filled out so your wishes are known and followed and he doesn't end up a ward of the state in foster care.

Answer 6

Well it all depends on how involved the father is or how involved the father would want to be in the case of your death.  If he doesn't want anything to do with the child then it would go to who you would deem the most fit to care for your child. If you are this worried: set up a will. State in it exactly who you would want to see your child in the care of. Whatever your will says, will happen. Unless the father tries to contest it.

Answer 7

unless you have a will the state will place your child with some creepy abusive welfare family who takes in foster kids for money