Custody upon death of a parent

cdad · Apr 30, 2012, 12:40 PM

Im sorry but children are not objects nor possesions. They cant be left behind in a will to someone. The laws of the state will dictate what happens and in this case the other parent would gain full rights unless there were outstanding circumstances barring them from custody.

ScottGem · Apr 30, 2012, 01:06 PM

You can nominate someone in your will, but it will not have the force of law. In other words, if the father wants sole custody, he gets it. He would not have to honor any stipulation you made in the will to share custody with anyone.

vcirish8 · Apr 30, 2012, 03:31 PM

Quote:

Originally Posted by ScottGem

You can nominate someone in your will, but it will not have the force of law. In other words, if the father wants sole custody, he gets it. He would not have to honor any stipulation you made in the will to share custody with anyone.

Your answer helped tremendously. This is what I figured the case may be. Thanks so much!

vcirish8 · Apr 30, 2012, 03:32 PM

Quote:

Originally Posted by califdadof3

Im sorry but children are not objects nor possesions. They cant be left behind in a will to someone. The laws of the state will dictate what happens and in this case the other parent would gain full rights unless there were outstanding circumstances barring them from custody.

I'm sorry but they most certainly are in will's and it's called GUARDIAN'S. You may want to educate yourself on this if you have children.

smoothy · Apr 30, 2012, 03:40 PM

Quote:

Originally Posted by vcirish8

I'm sorry but they most certainly are in will's and it's called GUARDIAN'S. You may want to educate yourself on this if you have children.

Parent outranks Guardian in any court in the USA.

vcirish8 · Apr 30, 2012, 03:45 PM

Quote:

Originally Posted by smoothy

Parent outranks Guardian in any court in the USA.

yes, I completly understand this. If you reread my post I said "to SHARE custody with" I'm not looking to erase her father in the event of my death. But I don't want my side of her family and my beliefs, morals and values to be erased either! I wanted to appoint someone from my side to be able to share in the raising of her so she gets my (her) family in her life as well. I don't want my side to die along with me. That's all to my post. No hidden agenda's to wipe out her father lol

vcirish8 · Apr 30, 2012, 03:46 PM

Quote:

Originally Posted by vcirish8

yes, I completly understand this. If you reread my post I said "to SHARE custody with" I'm not looking to erase her father in the event of my death. But I don't want my side of her family and my beliefs, morals and values to be erased either! I wanted to appoint someone from my side to be able to share in the raising of her so she gets my (her) family in her life as well. I don't want my side to die along with me. That's all to my post. No hidden agenda's to wipe out her father lol

I also said " I understand her father would get full custody"

cdad · Apr 30, 2012, 03:49 PM

Quote:

Originally Posted by vcirish8

I'm sorry but they most certainly are in will's and it's called GUARDIAN'S. You may want to educate yourself on this if you have children.

I do know how the law is applied. And if you read exactly what I had said. In your case of the surviving parent the gaurdian doesnt apply.

Fr_Chuck · Apr 30, 2012, 03:53 PM

You can ask for a guardian to be appointed and if the other parent is dead one will be appointed. The court can not take away the parents role and the guardian would not have any authority, even to see the child, but could over see money in your will if you let them be guardian of the money for the child.

A guardian would only have a place if the other parent is not alive.

You can not have a parent having 100 percent custody and a guardian at the same time.

Custody upon death of a parent

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