Can I give my friend legal guardianship of my 3month old child with out the father being present?
I'm wanting to be on the safe side just in case something happens to me. We live together so we would still be raising the child together but just wanted steps in measure just in case and can someone please inform me where I would need to go to get the paper work started or how would I go about doing this.
Also if something was to happen to my friend would I automaticaly be given custody back? Any help is very much welcomed. Thank you

Ashley, why don't you just appoint this person a godparent. That would take care of any needs you might feel your baby needs should you not be there.

Tick

If you die the father is the next in line to take custody of the child. You cannot "give" your child to someone else - which is how the Court views it. I realize that's not how you meant it but that's how it would be seen.

You can consult with an Attorney and prepare a Will or Power or Attorney or guardianship papers - according to your State law - but the father's rights would come first.

If the father doesn't WANT to raise the child, family members can also contest guardianship/custody.

The best you can do is try to cover all bases - but the law will prevail.

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Originally Posted by JudyKayTee

If you die the father is the next in line to take custody of the child. You cannot "give" you child to someone else - which is how the Court views it. I realize that's not how you meant it but that's how it would be seen.

You can consult with an Attorney and prepare a Will or Power or Attorney or guardianship papers - according to your State law - but the father's rights would come first.

If the father doesn't WANT to raise the child, family members can also contest guardianship/custody.

The best you can do is try to cover all bases - but the law will prevail.

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So how do people in the military give custody to another individual if they are a single parent because they have to go where they are sent so there has to be someone that's not always a parent there to make medical decisions,etc.

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Originally Posted by ashleyg23

So how do people in the military give custody to another individual if they are a single parent because they have to go where they are sent so there has to be someone that's not always a parent there to make medical decisions,etc.?

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If both parents agree the child can be placed with a third party. If "people in the military" give custody to another individual and it's challenged in Court by the parent the natural parent will win over the "other individual" unless the natural parent for whatever reason is unfit or unavailable - and that includes also being deployed.

You can appoint your partner to be the guardian. I said that you can. I also said that it won't hold up in Court IF challenged by the natural parent.

Sometimes the birth father is unknown; sometimes the birth father is deceased; sometimes the birth father doesn't care. If one of those is your situation, give guardianship to your partner BUT be ready for that guardianship to be challenged if/when your partner takes over.

I've worked in the legal system for a very long time - I'm not just blowing smoke. You can argue all you want but I am telling you what the law is and how it works.

If you can show me case law where one parent gives guardianship to a third party, the other parent contests (and is not unavailable or unfit) and guardianship remains with the third party we'll have something to discuss.

Until then - that's how it works.

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Originally Posted by ashleyg23

... we live together so we would still be raising the child together but just wanted steps in measure just in case and can someone please inform me where i would need to go to get the paper work started or how would i go about doing this.
Also if something was to happen to my friend would i automaticaly be given custody back? ...

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It can be done with a power of attorney (effective during your life) and a will (can be; but not necessarily will be followed after your death). The idea isn't to give custody to the guardian, but to allow the guardian to make important decisions for the child in your absence. As has already been said, if the child's father shares custodial rights, he can second-guess this. And both documents can be revoked whenever you want to.

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Originally Posted by tickle

ashley, why dont you just appoint this person a godparent[?]. ...

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Tickle, does "godparent" have any legal significance in Canada? In my experience, the term is used in some denominations for a friend of the parents who, at the time of an infant baptism, agree to watch over the child should the parents die. But being a godparent brings with it no special right or privilege, form a legal point of view.

No doesn't have any legal signfigance here in Ontario (we do have different rules for all provinces the same as you do for states, for the most part). As matter of trust, or 'noblesse oblige'.

I always knew that the godfather I appointed for my son would be there should I not be. That was a long time ago, but that is my point. I know not it wasn't legal, but it as a 'from the heart' issue.

I was just fathoming what the OP really wanted; does she feel she won't be there for her child in a short period and needs someone to look over her child. You know I always ask a lot of questions, AK. It gets to the heart of the matter and then a reasonable answer can be assumed by you or Scottgem or Chuck. You three are always good back ups for this.