I am not with my sons father and recently found out that he has decided to stay with his wife. In the event that something happens to me god forbid or I cannot physically take care of my son what can I do to have my brother and sister in law have primary custody of my son if the father agrees with him staying with the family he knows?
The most important question for you is whether you already have orders concerning your son. If the father does not have order adjudicating him to be the father then he is not legally the father of your son.
If he does have orders adjudicating him as the father, then he would be the next person in line if something happens to you unless he agrees otherwise. Some people in this situation also ask if the dad's parental rights can be terminated. In your case, if he has already been adjudicated as the father of your child, he is not likely to terminate his parental rights. Courts generally do not terminate parental rights unless there is going to be an adoption of the child.
If you already have orders, the best option is to just ask the dad if he would agree that your child stay with your relatives if something happends to you. Then you should get a document drafted that appoints your relatives as guardians of the children in the case of your incapacity or death. That would be done through an estate planning attorney.
If there are no orders, then the dad would have to prove his paternity if he wanted to assert parental rights if you died before him.
---
The Overstreet Law Firm
2100 N. Main, Suite 228
Fort Worth, TX 76164
Phone: 817-810-9747
Email: rdolaw@gmail.com
https://www.theoverstreetlawfirm.com/
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.