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Custody of my daughter if I die.

Is there some kind of document, other than a Will, that I can use to state that I want my mother to take custody of my daughter if I die? I'm a single mom and was never married to the father of my child. He abandoned us, and broke my car windshield on his way out. He abuses drugs and is violent and mentally abusive. I'm healthy, but my problem is that he could try to fight my mother for custody if something were to happen to me. What can I do? Can I just type my own letter and have it notarized? I am fearful of him deciding to come here and take her if I died and bringing her out of the state and over to the rest of his family which he openly admits is extremely abusive and dysfunctional and also abuse drugs and alcohol. We have no court agreements or anything. He calls to ask how "we're" doing once in a while and that's about it. He has sent small amounts of money here and there in the past ($50 give or take). My daughter is under a year old as well. He left when she was a month old, came back when she was about 3 months old and stayed for a week and left again. She is now 6 months old. I'm just looking for peace of mind.

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Custody of my daughter if I die.

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Guardian For Your Daughter
by: FALDP Staff

It seems the best way to make your wishes known is through a will. Since, you do not want your child's father to be her guardian you most likely need assistance from an attorney so that your wishes cannot be challenged. According to an article on www.lawyers.com titled, "Picking the Best Guardian for Your Child" -

"In the United States, if one parent dies, the surviving biological or adoptive parent receives automatic custody and legal guardianship of the child unless the surviving parent has abandoned the child or is otherwise unfit. If you think your child's other parent shouldn't be the guardian in the event of your death, it's important to talk to a lawyer about your legal options."

If you think that your child's father has abandoned your daughter or is unfit, you need to talk to an attorney and/ or research the exact legal definitions of those terms.

We are not attorneys and do not attempt to offer legal advice. If you need legal advice, please consult with an attorney.

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