Signed Legal Seperation but didn't know what i was doing Change4better: I had signed the Legal Seperation in which my wife requested, What I failed to understand is that she now has sole costody and i have full visitation rights, remember, this is on the seperation papers, And now she wrote out a will stating that if she dies, that her Mother and her friends will have costody and i have to go through them to see my daugthers, I am NOT an UNFIT Parent that i can't take care of my girls, WHAT A BIG MISTAKE NOT HAVING LAWYERS PRESENT, AND NOW SHE SCREWED ME, Can i fight this? Please tell me so.
Thank you
Re: Signed Legal Seperation but didn't know what i was doing in_search_of: You can probably fight the will, fighting the separation agreement might be harder, however, that is only in place until the divorce is finalized, so be sure to get an atty involved between the now and then preferably sooner than later.
She is obviously not going to fight fair, so you need to have help, someone who knows what can be done about what has already happened, and can keep anything similar from happening in the future.
Re: Signed Legal Seperation but didn't know what i was doing justme: I have full and sole custody of my kids per my legal separation agreement. Before the judge would sign it, h and I had to agree upon a visitation schedule.
I also know that when I was a kid, my parents were divorced. My mom had full custody and she had it in her will that my brother and I would live with my aunt. Now, I don't know if that was dependent on whether dad wanted us or not, I just know it was in there.
Good luck. And ISO is right, get an attorney.
Re: Signed Legal Seperation but didn't know what i was doing alonewith2: From my understanding.....will's don't become automatic just because that was the wishes of the one parent. If she dies, and you are still alive, you will have full rights to your children unless her mother and friends could prove you an unfit parent.
Re: Signed Legal Seperation but didn't know what i was doing in_search_of: s-n-b/a-w-2, is correct, it is not automatic that just because a will says something that it will happen.
I am not sure what atty wrote that for her, and didn't tell her that more than likely it was not going to happen!
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