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I have question on child custody and making a Will, I'm

Hi, I have question on...
Hi, I have question on child custody and making a Will, I'm unmarried the child's father did Sign a Voluntary Declaration of Paternity when he was born, the Father has never supported the child and only sees him infrequently, would like to find out if there are any documents I can have made up would give child custody to go to my Mom and Dad?, or my Brother? who spends more time with my child then his Father, any help would be greatly appreciated
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Answered in 59 minutes by:
3/18/2018
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 387
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

Ask Your Own Family Law Question

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

It will help me better answer your question if you could let me know whether there was ever a child support order entered by a court.

I'll be working on your answer.

Sue

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Yes, you can name your parents as your children's guardian in your Will and name your brother as successor guardian, or vice versa. Of course, make sure your Will is properly witnessed or notarized, whatever California requires.

This nomination, however, does not overcome the natural father's rights to custody. It provides a court guidance as to what you want, but isn't determinative in your situation.

You could consider filing an action to terminate the father's parental rights. He may be amenable to termination if he owes child support, since that will also terminate his child support obligation.

If there's never been a child support order, you could mention that if he agrees to terminate his rights, you will never be able to bring a child support suit against him. While this strategy is common, it's best to avoid the appearance of bribery, so it's best to tread carefully.

Some states will not allow a private action to terminate one parent's rights as against public policy, as that leaves your children half-orphans. In my jurisdiction, for instance, the law is on the books, but the courts simply will not entertain those actions.

If you want me to do some research into CA's TPR laws, I'm happy to do so.

Sue

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Customer reply replied 1 month ago
HI, Sue no child support order was entered, he only voluntary declaration of paternity at hospital
Customer reply replied 1 month ago
signed

Okay. That's quite common.

Even so, if something were to happen to you, at present nothing prevents the father from taking custody, as he's the only other legal parent.

What did you think of seeking to terminate his parental rights?

Sue

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Customer reply replied 1 month ago
seeking to terminate his parental rights would be good but looking at this website https://www.wkfamilylaw.com/practice-areas/termination-of-parental-rights-due-to-child-abandonment-in-california/

Do you want me to do some research or just look at that website?

Sue

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Given what this law office site says, you have the first two, it sounds like, failure to provide financial support and little or no contact with the children for over a year. The last will be supported, or not, by the facts of your case.

While you're looking around on the web, my suggestion is to look for court and/or government sites where you can get the whole story.

Sue

Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 387
Experience: Family Law litigator for over 35 years
Verified
Sue and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
ok thanks

Please let me know if there's anything else I can help you with.

Sue

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Sue
Sue
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Satisfied Customers: 387
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