QUESTION

If my sister (who is ill) were to die, would I be granted custody? Should we draw up a will?

Asked on Mar 26th, 2020 on Child Custody - Louisiana
More details to this question:
My niece is 12, her father works on an oil rig so he wouldn't be able to care for appropriately. but would most likely still ask for custody to leave her with his mom. Could she (my niece) choose to live with me? Or can my sister grant me to be her caretaker/ guardian?
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1 ANSWER

Family Law Attorney serving Baton Rouge, LA
4 Awards
In Louisiana, a parent has a paramount right of custody over a non-parent.  In a struggle over custody, a non-parent must show that custody to the parent would cause "substantial harm" to the child.  A relative, such as an aunt, can file for visitation in "extraordinary circumstances," one of which would be the death of the mother.   The best course of action would be for the mother and father to agree upon your having custody in the event of her death,  prior to her death or becoming incapacitated to the extent that she could not make decisions.   If the mother and father are divorced, this may be difficult or impossible to accomplish.   She could appoint you as tutor for the child in her will, but that appointment will not be good against the father unless he agrees, or is found unfit.   He may agree if he is incapable of caring for the child.   Whether or not you or the grandmother would be a more appropriate person to care for the child is a matter of many factors involving the best interest of the child.
Answered on Mar 30th, 2020 at 12:44 PM

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