My husband and I are happily married, and I have no concerns about him as a parent. He is the only one working in our family. He had some legal trouble in the past, but he completed all the required programs, and his record is now sealed.
I’m currently pregnant and dealing with some health issues. If something happens to me, I want to make sure my child stays with my husband. My mother is known for being difficult and loves going to court over things. I wouldn’t put it past her to try and take custody from my husband. I do not want this. She is not fit to raise an infant.
I always thought custody would automatically go to my husband, but I want to know if there’s anything I can do to make sure that happens with no issues.
Your mother would have a tough time getting custody. She could try to sue for visitation, but that’s about it.
You and your husband should both make a will. Also, think about naming a guardian for your child in case something happens to both of you. Life insurance is another thing to look into, just to make sure your husband has financial security for raising your child.
Kai said:
If your husband is the biological father, custody goes to him automatically.
Even if your mother tries to fight it, courts almost always side with the living parent unless there’s serious evidence of neglect or abuse. She would have to prove he’s unfit, which is very hard to do.
Some states allow grandparents to request visitation. If you want to avoid that, keep your child’s relationship with your mother limited.
Grandparent rights are usually granted when a grandparent has been very involved in raising a child and is suddenly cut off. If she hasn’t built a strong bond with your child, she won’t have much to stand on in court.
Zahara said:
Check the laws in your state. Some states do give grandparents rights if one parent passes away.
A lawyer can give you a clear answer on what your state allows. If grandparent rights are an issue where you live, you might want to take extra steps to document why your mother shouldn’t have access.
Your husband would get custody, but your mother could still go to court for visitation.
If you don’t want that to happen, you should see an estate attorney and have everything documented. Leaving behind something in writing that explains why you don’t want her to have access could help your husband if she tries to fight him in court.
@CustodyChampion4
Having a lawyer draft something can make things easier for your husband later. The more legal protection you have in place, the less likely your mother will have a case.
Your husband will get custody, but your mother can still file for it if she wants to try. The courts usually won’t entertain that unless there’s a serious reason why the parent shouldn’t have custody.
It’s not about who’s the ‘better’ guardian. The law assumes that kids should stay with their parents unless there’s clear proof they can’t care for them properly.