Legal Question in Family Law in Iowa
My children's future
I am now married and have two chilren from a previous relationship. I was never married to my childrens father. He does not pay child support because he won't keep a job, he lives at home, he has been to prison a few times and he still thinks like he did when he was 17. He is not responsible enough to take care of my children for 2 days every other week, let alone for the rest of their lives if something ever happened to me. I want to write a ''living will'' stating that if anything were to happen to me custody of my children would go to my husband, not their biological father. There is no court ordered custody, I have sole custody of them. He has been to jail for not paying child support. My question is, am I able to do this and would my childrens father be able to fight my now husband if that situation happened, for custody? And also, what procedures to I have to take to accomplish this, if able?
Thank you.
1 Answer from Attorneys
Re: My children's future
The answer is, he has parental rights unless they have been terminated. You can file an action to terminates his rights for nonsupport or for adoption by your present husband.
Therefore, you cannot write a "living will" that would serve to divest him of his rights.
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