Legal Question in Family Law in New Hampshire

custudy in event of death of parent

My fiancee has a 3 year old daughter who has never met her father. She calls me Daddy. Currently if something happens to her mother what would happen to her? Would the father who does not want anything to do with her get custody? Is there anything we can do so that I have the legal right to raise her? I was thinking a will listing me as the Guardian. Is this enough? We have a son together and I would like to know that I will be able to keep them together.


Asked on 11/04/07, 9:54 am

1 Answer from Attorneys
Bruce L. Dorner Dorner Law Office

Re: custudy in event of death of parent

This is a complicated area of the law. The biological father has certain rights. If he does not exercies those rights, then a will made by your fiancee is a good tool. You should be named as guardian. I assume by your use of the term "fiancee" that a marriage is in the offing. If so, you may want to explore adoption. That would resolve the biological father's rights. I do urge that you consult with an attorney as this situation requires careful study and drafting of any legal documents.

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Answered on 11/04/07, 10:41 am


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