Legal Question in Family Law in Georgia
My boyfriend has a dangerous job and he wants to take all precautions necessary incase he were to get hurt or die on the job or any other time. The mother of the children have no rights at all the state took them all and gave custody of the children to my boyfriend. How would we go about making it where if anything happens to him they be left in my care and the mother not have rights just like now. She's not fit to be a mother by no means and he just wants to make sure she can't just show up and take them from me if he passes
2 Answers from Attorneys
Giving your boyfriend custody does not necessarily mean the State terminated her parental rights. Your boyfriend can draft a Will requesting you as the Guardian. This does not override the Mother's rights. There is also an issue of whether or not you could file for custody as you are not a designated third party. The safest way to protect the children is get married and file for a stepparent adoption. These are complex issues which cannot be adequately addressed in a brief posting. You and your boyfriend need to consult with an attorney.
Unless the state terminated her rights rather than giving him custody, he may not be able to solve this. He can by will name you as Guardian and also as Trustee. However, if the mother comes forward, unless her parental rights have been terminated, she automatically has custody. Nonetheless, your boyfriend needs to see a lawyer. (Note that if he has not legitimated the child, his rights may be less than he thinks too).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
