TAS Ex Wants to Adopt My Son - Is It Possible?

[Atticus]

Ummmm but, no matter the language in the will,
at law, it's only a statement of preference.
It cannot bind the executor, and does not bind the nominated guardian.

So, yes, a will is not just about property as you asserted earlier...

Also, a nominated guardian will have an effect until or unless a court overturns it. It would very odd if the nominated guardian would not have been consulted and agreed with their role as such should it be needed prior to the inclusion in a will.

 

[sammy01]

So, YES, a will is not JUST about property as you asserted earlier...

Also, a nominated guardian WILL have affect until or unless a court overturns it. It would very odd if the nominated guardian would not have been consulted and agreed with their role as such should it be needed prior to the inclusion in a will.

Yes it would be very odd.... But it is the biological father that needs consulting. So putting a statement in a will, without any evidence that the other biological parent has consented is the opposite of shared parental responsibility, so it won't hold up in court if challenged.

What will hold up is the best interest of the child. Having consent orders written that include this child as the same as the ex's bio kids is an easy win in establishing in the eyes of the law that the ex has a meaningful relationship with the kid, more so than the bio dad - hence he would get custody if you die

 

[Atticus]

I think you'll find In most cases a Guardian is appointed in the event of both parents being deceased. Also perhaps an option in cases of long term estrangement of remaining parent and child

 

[Tim W]

So, yes, a will is not just about property as you asserted earlier...

Also, a nominated guardian will have an effect until or unless a court overturns it.

Not if the nominated guardian doesn't want to be guardian.

It would very odd if the nominated guardian would not have been consulted and agreed with their role as such should it be needed prior to the inclusion in a will.

You'd think. But things change.
Including the personal circumstances and/or preferences of the nominee.
Simple example - two friends who have a falling out. Or two friends who simply lose touch.
Further, what if the nominee isn't (or ceases to be) a fit and proper person?

 

[Atticus]

Of course things can change, but that's not the point here. Even family court orders do not Compel a parent to be a parent if they don't choose to be.. Silly argument..

1) A named Guardian in a will IS a thing. They do exist, and they do have some legal merit.

2) A will is not JUST about property. Your incorrect statement which is what started this side show.

Cheers