Custody Dilemma.....

by closer2fine 4 Replies latest jw friends

  • closer2fine
    closer2fine

    Here's the situation:

    We are meeting with a lawyer to draw up our will. We have one child (19 months). We need to have a legal guardian for our child if something should happen to both of us.

    After weighing all the responsibilities and demands (age, time, finances, love) of this, the only people who would be able to are my JW parents. I know they will provide a very loving, stable home for her - but they are part of the borg.

    We don't want our child to be raised JW - but we also don't want her in foster care as a ward of the state.

    How much can we stipulate in the will as regards her upbringing? Can we insist that if she needs a blood transfusion she will get one??

    Anyone else had this situation come up??

    I know my husbands family will be very involved (they are all non-JW) although none of them are in a position to raise her. They also will be a thousand miles away from her.

    *sigh* it is really depressing dealing with the idea that we wouldn't be around to see her grow up or that she would lose us. I know the will is just precautionary - but it still is scary.

    closer

  • ZazuWitts
    ZazuWitts

    Closer,

    I do understand - Larc and I had your very concerns when our children were babes. Likely, it will never become an issue...especially the two of you 'going' at the same time.

    However, I do have this thought - if your nonJW in-laws, couldn't raise your child, I am assuming you mean due to financial considerations? Perhaps, you can take out a life insurance policy that would allow them the funds to adequately provide for your child, or any future children the two of you may have. As your age the premiums should be reasonable enough for you to do this. Talk it over with your husband, see what he things, and then discuss it with your in-laws, should you decide this would be an appropriate plan.

    As far as the distance goes, if the worst were to occur, I don't view it as a major factor. Children most often adjust to relocation quite nicely, especially with a little time.

    These are just my immediate thoughts, stated here for your consideration.
    I have also known of good friends, with similar worrys, who agreed between them to raise each others' children, with similar financial back-up in place.

    I'm glad you are seeing an attorney, if his speciality is family law, he should be able to offer you some good advice re the specifics of your concerns.

  • blondie
    blondie

    What is really being described is a “guardianship” issue not a custody issue. You need to check with a lawyer and see how it could be monitored if your JW parents are not rearing your children as JWs and if they were, what legal enforcement could be made. My guess is that any “laws made by men” will be null and void as far as rearing your children in the “only true religion.” Will they refuse to have your child given a blood transfusion? Is that your wish? Would they celebrate the holidays and birthdays for your children's sake? I don't think they would. Non-JWs would be the best bet.

    Here are some factors you might want to consider when choosing a personal guardian:

    Is the prospective guardian old enough? (He or she must be an adult -- 18 years old in most states.)

    Do you and your children have confidence in the prospective guardian?

    Does your choice have a genuine concern for your children's welfare?

    Is your choice physically able to handle the job?

    Does he or she have the time?

    Does he or she have kids of an age close to that of your children?

    Can you provide enough assets to raise the children? If not, can your prospective guardian afford to bring them up?

    Does the guardian share your moral beliefs?

    Would your kids have to move?

    Making Your Wishes Known
    Most people have strong feelings about how they want their children to be raised. Your concerns may cover anything from religious teachings to what college you'd like your child to attend.

    One option is to write a letter to the personal guardian, outlining thoughts and feelings about how the children should be raised.

    First, sit down with a piece of paper and think of what you want for your children. Their growing up in a traditional, two-parent home may be important to you. Stability and continuity definitely are. You might want the kids raised by a member of your immediate family, because you appreciate and respect the clan's history and heritage. You may want your children to grow up with the same sense of roots. Of course, you want your kids to have lots of love. You want them raised with the values to which you adhere. And their education is likely very, very important to you. Jot down your "wish list" for your children. Then list all the people who you think could likely fulfill these wishes. Parents, siblings and beloved friends will probably all appear on the list.

    Then whittle that list, taking the following criteria into account:

     Emotional stability. You want someone with the temperament to raise your wonderful, but somewhat rambunctious, two-year-old twins.

    Religious affiliation. Religious heritage is very, very important to many people. If you are a devout Orthodox Jew, you may not want your child raised by a Catholic best friend.

     Financial stability. Sure, you may have enough money to financially care for your kids after your death. But suppose your estate is very modest? You do not want your kids to become an undue financial burden on their new guardians. You do not want your children raised in an atmosphere of resentment.

    Moral code. Determine which of your child's potential guardians embrace a moral code you respect.

     Age. You may have been raised by the most wonderful parents in the world. Thankfully, they're both still around to enjoy your children. But they're in their mid-60s, now. Do they really have the strength to look after your pre-teens? And what happens when they begin to develop their own health problems? Finally, parenting is hard work, while grandparenting is pure joy. You may think that your parents have earned the right to simple grandparenthood.

     Willingness. Choose someone who actually wants to raise kids--and who wants to raise your kids, if called upon.

    Whittle down your list by deciding which of your relatives and friends meet the criteria listed above. Talk to the people you're still considering. Figure out who is willing to do the job, and make sure prospective guardians understand all the ramifications of your decision.

  • alamb
    alamb

    You also have other options. Leaving one set of grandparents with guardianship is not all-inclusive.
    You can stipulate that both sets share legal custody while they live with one set who has physical custody. Then, if the blood issue arises, there will be input from both sides and the state will judge on the side of the best interest of the children.
    I would also make a stipulation that they cannot be baptized before being of legal age. The JW's legally are classing themselves out of being a religion and a minor cannot be part of an organization.
    Just some ideas. Hope they help.

  • closer2fine
    closer2fine

    Thanks for your responses! I've written them down for when we meet with the attorney (in January)

    My parents are the only ones physically and time wise able to take care of her. My husband's parents are divorced and his mom isn't in the best physical shape and his dad isn't an option.

    I like the idea of shared legal custody with physical going to my parents. We weren't going to tell anyone what we decided (they don't even know that we are going to do a will) that way if we find a better solution - no one gets hurt feelings.

    closer

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