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Kelso85 · Oct 25, 2010, 08:19 AM

I currently share joint custody of my 6 year old daughter. Her father has her every other weekend. I am currently living with my boyfriend of 2 years- if I were to die tomorrow, who is entitled to the responsibility of my daughter ?

tickle · Oct 25, 2010, 08:48 AM

The birth father would be responsible upon your death. Unless your b/f has legally adopted her and the birth father has signed over his rights, then the b/f would take over.

Tick

Kelso85 · Oct 25, 2010, 08:49 AM

Well that Sucks ! Lol, Is there anyway I can change that ? I know her Father won't give over his rights, and would only be unfair out of spite...

Synnen · Oct 25, 2010, 09:03 AM

If he won't voluntarily relinquish, then your ONLY change of terminating his parental rights is to PROVE that he is an unfit parent.

By that, I'm talking about neglect, abuse, etc. Not just that he's not the guy or father you wanted him to be--actual PROOF that he'd be a danger to your child.

tickle · Oct 25, 2010, 09:16 AM

Whatever is best for the child. Has her father ever reneged on taking her for his weekend; has he ever shown anything but love for his daughter. This isn't just a spite thing, this is serious business taking a lot of soul searching. It isn't about you and him. As Synnen said, you would have to prove him an unfit parent and have his rights terminated. And if that isn't true, it would be a really rotten thing to do to your daughter, not having a loving, caring parent to turn to when you are gone.

Tick