QUESTION
If I die will my current husband have any rights to my children or will custody revert to their father?
Asked on Oct 19th, 2014 on Child Custody - Nebraska
More details to this question:
In Nebraska, I have sole physical and legal custody, however the father still has parental rights. He also has minimal contact with the children. He chooses to only see or talk to them every 6-8 weeks but only lives 1 hour from them.
2 ANSWERS
4 Awards
You should nominate your husband as guardian in your will so that he can ask for custody based on the nomination and in loco parentis (the fact he has been acting as a parent to them). You could also look into a stepparent adoption if biological father would agree. Without either of those things, your children's father would automatically have custody if you passed away. Talk with a lawyer about your options.
Answered on Oct 20th, 2014 at 8:53 PM
Under normal circumstances, the children's father would granted custody by the court after your death. However, if such custody would pose a danger to the children (such as the father has a history of physical abuse or excessive drug use or cannot provide them with a safe home, get them to school on time, etc.), the court would consider placing them with a relative or someone else with whom they have a close relationship.
Answered on Oct 20th, 2014 at 4:10 PM