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What happen with my unborn child If I die during labor?

Discussion in 'Paternity Law & DNA Tests' started by Anam27, Apr 17, 2016.

  1. Anam27

    Anam27 Law Topic Starter New Member

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    We are a married couple from Mexico, my husband has a H1B visa and I have H4 visa. Our green card is in process.
    We have a son of 2 years old, he was born in Michigan. I'm pregnant right now, I would like to know if I need to write
    write a document to give to my husband a full custody of my 2 years old son and my unborn baby just in case I die during labor.
    Could you explain me what kind of document I need to do before my due date?

    What happen If I died during labor, who will get the full custody of my son and my unborn baby If I don't leave a document or will?
  2. cbg

    cbg Super Moderator

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    Since you are married, you do not need to leave any kind of document or will. In the very unlikely event that you die during labor, your husband will automatically have custody of both children.
  3. ElleMD

    ElleMD Well-Known Member

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    Since both children were born in the US, they would have full citizenship automatically. As a married couple, should anything unfortunate happen to either of you before the children reach adulthood (18), the other automatically retains full custody. There is no need to file anything to make this happen.

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