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    lesliehawk's Avatar
    lesliehawk Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 28, 2011, 10:51 AM
    When I die who will keep my children
    I am married, I have 4 children prior to my marriage, 2 are still home. If something happens to me, how do I make sure my children remain with my husband?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860
    BossMan
     
    #2

    Oct 28, 2011, 11:07 AM
    If those are your wishes you MUST make them clear in your will.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Oct 28, 2011, 11:11 AM
    Your husband needs to adopt the children if the bio father allows. Unless he is a threat to the child, their bio father will have legal rights to custody of the children at your death ( unless custody and rights to children were lost for some reason)
    kjpsmom's Avatar
    kjpsmom Posts: 3, Reputation: 1
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    #4

    Oct 29, 2011, 01:54 PM
    Write it in a Will!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #5

    Oct 29, 2011, 01:59 PM
    I will mention while a will is great and should be done, but it really does not matter about what you put in there about the kids. Kids are not property and can not be willed to another person.

    The state and custody laws will over rule any will. So unless one parent has lost their rights, that parent ( if alive) will have first rights to their children, After that other family member will have to make application in court.

    Your wishes will be looked at, but it is familylaw of the state you live in that makes the difference

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