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VIC Family Law - What Happens to Minor Son If I Die?

Discussion in 'Family Law Forum' started by MissRichardson, 16 January 2016.

  1. MissRichardson

    16 January 2016
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    My son's father has not seen him in over a year. There are no family court orders as he has chosen to stay away anyway. My son doesn't know any of his family. My family, he sees every day.

    Under Family Law, if something happens to me and I die, would my son automatically be handed over to a man that he does not know, has had no interest in him, has a history of violence? If I made a will, stating my son is to be cared for by my family, would it be honoured or would my ex automatically be able to have it thrown out?
  2. JS79

    JS79 Well-Known Member

    2 October 2015
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    I would seriously recommend talking to a lawyer who specialises in wills and have it documented what you would like done regarding your child if you were to pass on prior to him turning 18.
    See Get Connected with the Right Lawyer for You for a local lawyer in your area.
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