Legal Question in Family Law in South Carolina
What would happen to my son if I should die?
I am a 25 year old single mother with a 10 month old son.I live with my mother because she needs help with bills and I need help with my son.His father is in his life and sees him as often as I can take him since his father doesn't drive. For the first seven months, he did not help me financially. He does now but only because I insisted.(I make too much money to get WIC or legal aid.)His father is not a bad man but he does have a lengthy criminal record for different offenses.His father sells marijuana and his house is the local ''party house'' most of the time. He works a full time job and rents his own home.I am terrified what will happen if something happens to me.Is there anyway that my mother could get custody of my son if I were to die, even though his father is still alive? I have a large insurance policy that would go to my son, and I don't want my ex to gamble it away.I have a will but I don't know if it would do any good where custody of my son is concerned or my insurance policy.If my ex had custody he would demand the money to ''raise'' our son.I don't want my son to grow up to be a wannabe ''thug.'' Is there any way I can keep these things from happening if I should die before my son is 18?
1 Answer from Attorneys
Re: What would happen to my son if I should die?
Every parent has the statutory obligation to provide support to their child. If he is not in jail, he should be made to support his child through court order. You may insist that all child supprt payments be made through the court and they will make him pay the support or go to jail.
This is serious business. You need to consult with a family law attorney.
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.
