Legal Question in Family Law in Connecticut
keeping brothers together
I have 2 amazing little men ages 6 and 9 who have different fathers.I was never married to either dad and am fortunate we all get along.The kids have always lived with me and they visit with dad's on weekends and we share holidays.No need for court.I am now married and my husband and I want to do a will. My only wish is that if anything happened to me that my children remain together.My husband has been the only man in their life (other than weekends) and is willing to have them reside with him in the event of my death.The boy's love him and consider him more of a dad than their own as he is always there for all the dad stuff. Fathers always too busy unless it's on a weekend. My husband to them is dad.I feel in the event of my passing my children would be better off growing up together with my husband verses living with ''fun dads'' who only have time with them on weekends and have no financial stability as they spend more than they have.Is there any way to have this accomplished without lawyers? Thanks for your help!
1 Answer from Attorneys
Re: keeping brothers together
The problem you will have is that each of the boys biological father has superior rights to your present husband. Unless you can get everyone to agree I am afraid you are without a remedy. The best remedy to keep the boys together is to get each of the boys fathers to consent to your present husband adopting both boys now while you are alive. Otherwise, an agreement that he keeps the boys together with him if you should pass is your next best alternative. However, keep in mind that an agreement that is not made a court order may not hold up if attacked later on by either father.