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Submitted 338 days ago...

SCMomof3

SCMomof3

New User (2)

Custody of child after death of parent

I have sole custody of my daughter, what happens to the custody after my death? Is her stepfather allowed to take custody? Her biological father has not seen her in 8 years. Our divorce was due to domestic violence. I want to know what I have to do in order to have my custody transfered to my husband in the event of my death. Her stepfather has raised her since she was 2 years old. We have had no contact with her biological father, and he has made NO attempts to contact us. Is there anything I can do to keep him from getting custody upon my death? Thank you for your help.

 
 
 
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Submitted 338 days ago...

sidelko

sidelko

Brain (3,055)

Are you planning on dying any time soon?

You could always see if you could have your husband adopt your daughter as his own. there might be some clause if you haven't been contact with her father for so long that you could do it with his consent or not.

 

Answer 2 / 3

Submitted 338 days ago...

SCMomof3

SCMomof3

New User (2)

I am not planning on dying anytime soon. My father recently had a heart attack and it scared me very much and started me thinking about my situation. I have sole custody of my daughter but I wanted to know what would happen to that custody in the event of my death. I want my custody transferred to my current husband if I were to die, but I don't know that it is even possible with child custody. I just needed an answer as to what I have to do to set up custody of her in the event that I die.

 

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Answer 3 / 3

Submitted 338 days ago...

Jodi-Mesa

Jodi-Mesa

Brain (2,795)

I agree with Sid. I am a big planner too and I recently did my will to ensure that my daughter will be taken care of and by whom. It's great that you see the need to plan. If the father has no contact with her, then you should go to court to have his rights revoked due to abandonment.

Then you can go through the adoption process with your husband if you like.

A will is not as complicated as it seems either. I bought some software called Nolo, and it works like tax software, asking you questions and filling in the legal document. Then you can sign it with witnesses present and have it notarized. All for about $50 and you can state specifically where your daughter should go should anything happen to you or both you and your husband. You'll sleep better at night - trust me I do!

 

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Submitted 179 days ago...

Chick599

Chick599

New User (9)

Hire a lawyer!

This is far too serious to do it on your own, you need to make sure there are no loopholes that can end up placing your child with a relative she doesn't even know.

Assuming your husband indeed wants to keep and raise your child in case of your death you need to have a document called "Joint Conservatorship" naming your husband as the other 'conservator' of your child, a Will & Testament does NOT work for this situations, for in the event of death of the parent with sole custody the court will attempt to place the child with the Surviving Biological parent, if the surviving biological parent doesn't want the child, the court will then attempt to place the child with the maternal grandparents giving the maternal side relatives preference, unless no one takes the child, then the court will go through the paternal side relatives. a will or a guardianship only allows you to oversee the wealfare of the child, but it does NOT give you possesion of the child. I had to hire a lawyer to the my child's custody papers and that's how I found out that a will is not what you need to ensure that your child ends up with the person of your choosing.

 
 

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Jodi-Mesa

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