A question about guardianship, and wills.

[whippertizzy]

Thank you for your time.

Since I am the only parent of my child left, I would like to have some paperwork done saying thay if something should happen to me that I want my parents to have guardianship of my son.  I don't neccesarily mean if I am dead, more like if I was unconcious because of some tragic accident.

1. What would that be? Like a living will?

I am also having a will done soon, I would like to stipulate that my parents are the people I want my son to go to should I die.  

2. Can I attach a visitation schedule to it for the other grandparents? Would my wishes on the matter make any difference?

[socrateaser]

>1. What would that be? Like a living will?

No, it would be a last will and testament.

>I am also having a will done soon, I would like to stipulate
>that my parents are the people I want my son to go to should I
>die.  

You can ask for this in the will, however, it will be up to your parents to petition the court for guardianship, and the court will consider your request, posthumously.

>2. Can I attach a visitation schedule to it for the other
>grandparents? Would my wishes on the matter make any
>difference?

You can state in your will, your wish that the other grandparents have reasonable visitation, or even create a visitation schedule, however, it is up to those grandparents to petition the court for visitation from your parents, assuming they were granted guardianship. Once again, the court would consider your request posthumously.

But, the best interests of the child will be the court's guiding principle, regardless of your wishes.

[whippertizzy]

OK, What would I need to have so my parents could take my son to the emergency room if I couldn't be there?  I remember my friend broke her ankle and the emergency room would not take her until they got ahold of her parents (couldn't find them til the next day).

My parents are my primary babysitter, and the only other people who help me with my son.  

[socrateaser]

>OK, What would I need to have so my parents could take my son
>to the emergency room if I couldn't be there?  I remember my
>friend broke her ankle and the emergency room would not take
>her until they got ahold of her parents (couldn't find them
>til the next day).
>
>My parents are my primary babysitter, and the only other
>people who help me with my son.  

Well, your parents and you could co-petition the court to award your parents reasonable custody, subject to your consent. The court probably would rubber stamp a judgment once it knew what you were trying to achieve.

[rainbow1]

Our pediatrician has a card you can fill out to give a caregiver your permission to make medical decisions if a parent cannot be reached. The caregiver (or relative) keeps the card and we got an extra insurance card from our health insurance provider to be kept with the medical permission card. Check with your pediatrician.

[whippertizzy]

If I was to pass away could just anyone petition the court for guardianship?  

I have a close family memeber that I would NOT want my child to go to for any reason.  

1.  Can I put in my will about people I do not want my child going to for any reason?  Or is it like saying who you would want the child to go to and the court just takes it into consideration.

The relative is close enough that I could easily see them also petitioning the court for guardianship.  This is someone I would not leave a guppy with much less my child!  At the rate I am going I had better not plan on dying LOL

[socrateaser]

>If I was to pass away could just anyone petition the court
>for guardianship?  

The constitutional theory is based upon the existence of a parent-child relationship. The person who can establish the existence of a relationship that is most in the child's best interest will win. A person who has no meaningful relationship with the child will lose to a person with an established relationship. Between persons with established relationships, the relationship that is demonstrably more in the child's best interests will prevail.

The above is what happens, absent some State statute that mandates a different outcome. I can't speak to the existence of specific statutes in your locale, however, what I have just described is generally applicable.

>
>I have a close family memeber that I would NOT want my child
>to go to for any reason.  

If that person petitions the court for guardianship, the court must consider that person's qualifications, regardless of your "wishes." If you have some credible evidence as to why gaurdianship should not be given to this person, then you should swear out an affidavit and attache the relevant exhibits and make it available to your preferred guardian(s).

>1.  Can I put in my will about people I do not want my child
>going to for any reason?  Or is it like saying who you would
>want the child to go to and the court just takes it into
>consideration.

There is NOTHING that you can do to force guardianship into a particular party's hands, unless someone is prepared to adopt the child now. As the child's father is dead, there is a potential spot open for an adopting parent.

[leftoverinmn]

Soc told me something once that really eased my mind. I'm in the same boat as you, worrying about my son if something would happen to me..

I have life insurance policies that name my son as primary benificiary. My will names a trustee to my son's estate. If someone contests my will regarding guardianship of my son, the trustee (also the named guardian) can use my life insurance to pay the legal fees in court if that happens.

Knowing that my named guardian will have the financial backing of my life insurance to assist in court, I'm sleeping better at night. Thanks Soc.

Did I get that right?

[socrateaser]

>Soc told me something once that really eased my mind. I'm in
>the same boat as you, worrying about my son if something would
>happen to me..
>
>I have life insurance policies that name my son as primary
>benificiary. My will names a trustee to my son's estate. If
>someone contests my will regarding guardianship of my son, the
>trustee (also the named guardian) can use my life insurance to
>pay the legal fees in court if that happens.
>
>Knowing that my named guardian will have the financial backing
>of my life insurance to assist in court, I'm sleeping better
>at night. Thanks Soc.
>
>Did I get that right?

You have it right.