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CrackerJack076 · Jul 10, 2009, 03:08 PM

I have 2 children under the age of 3. There father is not listed on their birth certificate. We were never married and have been separated since right before the youngest was born. He was visiting them for awhile, but has not seen the children in 15 months and has not contacted me personally in 6 months. He was ordered to pay child support by the county and has yet to pay any of it. During our relationship he was physically and emotionally abusive to me. He has since had another child and is no longer in a relationship with that child's mother due to abuse as well.

I am wanting to formulate a will to in case something happens to me. There is no one in my family that I am able to give legal guardianship of my children to. I am wanting to give guardianship to close friends at this point I don't have any way to contact the father and if I could do not think that he would give approval. Is there anyway to bypass him in the process all togather?

N0help4u · Jul 10, 2009, 03:43 PM

He was ordered to pay child support but they never added his name to the birth certificates?

CrackerJack076 · Jul 10, 2009, 03:48 PM

To my knowledge they haven't, I haven't gotten any notification, but I did get a copy of the child support order from social services.

Originally Posted by N0help4u

He was ordered to pay child support but they never added his name to the birth certificates?

N0help4u · Jul 10, 2009, 03:56 PM

Do you know if they did a paternity test on him?

cdad · Jul 10, 2009, 06:46 PM

Children are not property and you can't will them away. If he has rights to the children and legal ties then they most likely would go to him.

N0help4u · Jul 10, 2009, 06:50 PM

I think what she wants to do is find a legal way to protect them from him getting them if she dies because she said he is mentally and physically abusive.
So in the case of an unfit father and no other relatives what does she do?

cdad · Jul 11, 2009, 07:14 AM

Originally Posted by N0help4u

I think what she wants to do is find a legal way to protect them from him getting them if she dies because she said he is mentally and physically abusive.
So in the case of an unfit father and no other relatives what does she do?

The only thing that could be done at least as far as I am aware of. That would be to have the father proved unfit. Due to his history she may be able to have his rights removed. Courts are reluctant to do it but this is a case where it may be warrented. If he has no rights to the children then it follows he also has no claim. That's about the only way to protect them from him should she pass before they are 18.