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stinger
LIF Adult
Member since 11/11 4971 total posts
Name:
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Divorced parents and wills
If I am divorced and I die my ex gets automatic guardianship correct? I am doing a will and the question is "who do you want as a guardian of your minor child" it says for most married couples their spouse is their first choice but isn't that automatic no matter what?
Just weird to list the other parent as the guardian.
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Posted 7/28/15 8:23 AM  |
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Ian&EmmesMommy23
My family is complete!
Member since 11/08 12970 total posts
Name:
Diana
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Divorced parents and wills
this is a HUGE issue for me. I spoke to a lawyer about this. if something happens to me, Ian automatically goes to my ExH in florida. Even if I put I want him to stay with my DH (his stepdad) it doesnt matter. I was told that if i did do that tho, a judge could rule based on where they feel he should live. it's all bullsh1t.
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| Posted 7/28/15 9:27 AM |
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stinger
LIF Adult
Member since 11/11 4971 total posts
Name:
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Re: Divorced parents and wills
Posted by Ian&EmmesMommy23
this is a HUGE issue for me. I spoke to a lawyer about this. if something happens to me, Ian automatically goes to my ExH in florida. Even if I put I want him to stay with my DH (his stepdad) it doesnt matter. I was told that if i did do that tho, a judge could rule based on where they feel he should live. it's all bullsh1t.
I can see it being and issue if the other parent is deemed unfit by a judge. My point was the other parent shouldn't have to be listed as my ex would naturally be who my kids would live with. It's my exes right as a parent. I would feel the same if they lived with him and something happened to me.
Neither of us is remarried but unless my ex was unfit (and that would mean he wouldn't have the visitation rights he has now as a father) I would not take that away from him/kids.
I just found it odd that even for married parents they want you to list who you want as a guardian.
Message edited 7/28/2015 9:34:31 AM.
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| Posted 7/28/15 9:32 AM |
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BabyFever
LIF Adult
Member since 8/06 1050 total posts
Name:
XXXXXXXXXX
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Re: Divorced parents and wills
Posted by Ian&EmmesMommy23
this is a HUGE issue for me. I spoke to a lawyer about this. if something happens to me, Ian automatically goes to my ExH in florida. Even if I put I want him to stay with my DH (his stepdad) it doesnt matter. I was told that if i did do that tho, a judge could rule based on where they feel he should live. it's all bullsh1t.
I have the same issue, though I did get him to put in our agreement that if anything should happen to me my sister gets visitation rights. He didn't fight it. He on the otherhand never asked for anything similar.
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| Posted 7/28/15 9:45 AM |
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Ian&EmmesMommy23
My family is complete!
Member since 11/08 12970 total posts
Name:
Diana
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Re: Divorced parents and wills
Posted by stinger
I just found it odd that even for married parents they want you to list who you want as a guardian.
i would think it's a given and it doesn't need to be stated
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| Posted 7/28/15 9:53 AM |
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JennP
LIF Adult
Member since 10/06 3986 total posts
Name:
Jenn
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Re: Divorced parents and wills
We just went through this with DH and DSD. She lives with us (her mother is a hot mess) and DH hated the idea of naming her mother as guardian but that is just how it is.
There is a place to list it, even with married couples. It sort of makes sense when you think about it because wills are just based off of templates, KWIM? Plus wills are by individual, not married couples.
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| Posted 7/28/15 9:57 AM |
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