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Who would get custody? South Carolina

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  • Who would get custody? South Carolina

    I am a single parent. We now live in SC. I have legal custody of my child, filed from the courts of MD (her father did not contest). Do I needed to regist. the paperwork in SC and if so why?

    I also need to get a will. Can I state who she will live with and manages her estate if I should die or will she automatically go to her father?

  • #2
    Originally posted by Kim44 View Post
    I am a single parent. We now live in SC. I have legal custody of my child, filed from the courts of MD (her father did not contest). Do I needed to regist. the paperwork in SC and if so why?

    I also need to get a will. Can I state who she will live with and manages her estate if I should die or will she automatically go to her father?
    Your child is not a car or a puppy that you can "will" to someone. The Father of the child would obviously take custody if something were to happen to you.
    Please Note: My "warm and fuzzy" font is not working, therefor my posts will be direct and to the point.

    Thank you in advance for your anticipated understanding.

    Bay

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    • #3
      Once you have lived long enough in SC to meet residency requirements, it is best to domesticate your order in SC in case of any future legal proceedings.

      Guardianship papers is what you are asking about. In your case, while you can set up all the guardianship you want in the event of your death, they won't stand against a legal parent being granted custody of the child (in 99.999% of cases) UNLESS your child's father agrees and consents to the guardianship. Now, what are the odds? The only thing you will accomplish is more pain and uncertainty for your child if your ex has to go to court to revoke the guardianship. Definitely not a good idea and not what a loving parent would do to his or her child (who would already be suffering a huge emotional and psychological blow).
      Last edited by mommyof4; 08-01-2007, 10:14 AM.
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

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      • #4
        Thank you for your somewhat kind words. Her father has stated he would give her to his mother and manage my affairs, that is why I am asking this question. I have been setting aside for her education and wish her to continue that I'm looking for a way to protect that.

        By the way he can have the dog.

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        • #5
          you can set up your estate to go to her in a trust managed by a trustee of YOUR choice. Just because he would get custody does not mean he would get the assets if done correctly. You need to consult a family planning atty. Mine is set up so that everything goes into a trust for my children managed by my sister- NOT their guardian.

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