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    LittleMrsDre's Avatar
    LittleMrsDre Posts: 1, Reputation: 1
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    #1

    Mar 2, 2010, 05:30 PM
    I am a single disabled mother with not long to live.Need 2 file divorce terminate rig
    He bailed on us when my son was 5 weeks old. No emotional or financial support! I haven't spoken to him in years. My fear is if I die he will show up and take my son. I got him to sign a letter saying he wouldn't seek custody and that if I did my Mom should raise him. I live in Contra Costa County, CA and I need to know what to file and how to do it! PLEASE I AM DESPERATE FOR ANY HELP! GOD BLESS YOU ALL!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 2, 2010, 05:38 PM

    Really nothing for you to file. You aren't dead yet.

    Make sure your will specifically provides that your mom will have custody when you die, and hope for the best.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 2, 2010, 05:50 PM

    You can file for divorce and get custody of your son, but that does not take away his rights, and he will have the right if you die to ask for custody of his child. Most likely he won't, but there is nothing you can do to stop him.
    witchtoons's Avatar
    witchtoons Posts: 1, Reputation: 1
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    #4

    Jul 15, 2011, 02:37 PM
    Perhaps since he's already signed a document stating he won't seek custody and you don't have long to live you could both sign over legal custody to your mother now or you could both give up your parental rights and have your mother adopt your child. It is important to understand there could be massive legal bills if your mother winds up having to go to court after your death.
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