Legal Question in Family Law in Virginia
Guardianship of my boyfriend's son
My live-in boyfriend is out of town working most of the time. His son's mother doesn't do enough and has ''said'' that the son can relocate out of state to live with us. I will be the main one caring for him. What should be legally established(guardianship,visitation, custody, support,etc.) before the son moves in? What happens if my boyfriend or the mother dies or become uncapable of caring for him?
1 Answer from Attorneys
Re: Guardianship of my boyfriend's son
As long as your boyfriend is legally recognized as his son's father, the boy can come to live with you and him at any time if this is his mother's wish and there are no court orders involved which would prohibit such a move. (No special guardianship or other papers need be filed in order for this move to occur.)
To address your other concern, the boy's father should have a will drafted which makes provision as to
what should happen to his son(probably return to his mother)in the event of the father's untimely demise
and there should also be an alternative placement in the event that for whatever reason his mother is not available.
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