More details to this question:
If a female that is going through a divorce and had a incident like death, wrote a letter 10 years ago stating that she wanted a third party to have sole custody of her kids. Will it hold up in courts. Meaning will the third party with no relation to the family gain custody the children. If so could the mother send a email or text message saying she wanted someone in he family to have custody of the children and that trump the letter?
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I am not sure I completely understand the question, but I will answer the best I can. Most of the time, a petition can be filed with the court to change custody, and the best interests of the child will be the primary concern. A letter written at some point by the mother is not likely to have great weight in making the decision of who gets custody. It is not clear, however, whether the mother in your question is going through a divorce or has died. Therefore, I'm not sure who the parties are who will claim custody of the minor child. There are different laws that apply depending on if it is a close relative versus an unrelated party or if they are related. Bottom line, a lawyer could likely help in this situation regardless of the letter that was written.
Answered on Oct 14th, 2013 at 3:53 PM