If I have a child with my boyfriend, what are his rights?

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If I have a child with my boyfriend, what are his rights?

His name is on the birth certificate. My parents keep bugging me about a will. I figured since his name is on the birth certificate and he is the biological father that if I die, he automatically gets custody and vice verse. We are not married, but have been living together for the past 2 years. Do we really need to get a will and if we do, is there a place to get one done for free?

Asked on October 29, 2013 under Family Law, Florida

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

The purpose of a will is to provide for the inheritance of money and possessions, not children.  You can not will custody of your child.  If you were to die and you and the boy's father were not married but you were all living as a family, and if no one challenged the father's fitness to raise his child, the "custody" situation would remain unchanged.  That said, when you have children, it is always a good idea to have a will, especially in a situation such as this where you and the child's father are not married.  You will want to have a will to leave all your possessions to the child's father, which will not happen without a will.  Instead, all your possessions would go to your parents.  You can buy software to do it yourself, or hire an attorney.  


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