If we don't have a will, do my husbands parents automatically gain legal guardianship of our children?

Question

We have 2 children and a 3rd on the way, as we do not own any property we didn't feel it was necessary to make a will. I have a large family, immediate and extended. My husband hasn't spoken to his family in years and to be honest, they are not the type of people i would want to raise my children. Recently i have heard that if i don't appoint somebody to be guardian then my husbands parents will automatically be given the right. Does any body know if this is true?

Answer 1

Obviously the way to get around this is to make a will.  Since, you know you have relatives that you don't want raising them, this will eliminate all confusion should you die.

Answer 2

Grandparents are generally the first group considered for adoption yes but there is nothing that states it would be given to the husband's family over the mother's. In a tragic event whomever had the closest relationship with the children would get parental rights. my only advice is to make a will.

Answer 3

No one has the right. Best to name someone in case it goes to court.

Even a living/ verbal will should do as long as all know your wishes.

Answer 4

THere is nothing automatic. If you both die without naming a preference, you leave a wide open field for the court to determine.  

Answer 5

If you both die without appointing someone, the children would enter the foster system and child protective services would attempt to place the children with family members first. Of course, his parents could refuse, in which case it would be a moot issue.

Answer 6

I think it depends on the state that you live in.

I believe here in california they will go into Foster care. Then the family has to fight for them  

Answer 7

you need to make a will and nominate who you would like to look after the children in the event of your death.

Answer 8

they could. but i think that it would really depend on if anyone else wants them. then if there is it would go to court.

Answer 9

don't think so     It will be you I think  who will be responsible   Only in the event of both you and husband  dying would it be necessary to appoint a guardian    

Answer 10

In the case that both of you die then the children will have to be placed in a safe and suitable environment which generally social services will try to place with a close family relative who have a good relationship with the children.   In your case providing your family agree they would more than likely end up with someone from your side of the family.   However your husband's parents can make an application for parental responsibility through the courts or for a contact order.   I would advise you both to make a will of some sort stating who you would like to appoint as guardian for your children after your death to prevent any hassle or upset to your children and your family.  

Answer 11

If you survive your husband they will automatically go to you.  If you both pass at the same time or he dies after you, they will go to the next of kin.  The court will determine who.  Even if you don't have property but you do have children you should write a will so that your wishes are down on paper.  That way the courts will know what you wanted to have happen to your children and the court process willl be speeded up.  

Answer 12

It has a lot to do with your state but children services will not automatically send children to them especially if they are not in the picture.  They will do what's best for the kids.  If your family contests them going they won't have a fight. It will be who is most fit and who can provide the best care

Answer 13

You don't say where you live, but in the US, generally, no one is automatically given guardianship.

Make a will to protect your children and to keep peace in the family.