QUESTION
What will happen to my custody rights if she were to pass away?
Asked on Apr 18th, 2015 on Divorce - Indiana
More details to this question:
I currently have joint custody of my fifteen-year old child. He lives with his mother most of the time. They live in a suburb. They both live with her brother and his family (I was divorced over 11 years ago). I am remarried and live in another state (about one hour away from where he lives). She unfortunately has stage four terminal liver cancer and it is starting to look like her health is getting worse every day. Our divorce decree states we have joint custody. What becomes of my divorce decree and what was stipulated in the decree and her rights after death? Does her brother (where she and my child live) have any rights? I have at this time a good relationship with all of them. I’m just worried that my ex-brother in-law may fight to keep my son. I see my son on a very regular basis, pay my child support on time and am active in my child's life. I don’t want to lose him!
2 ANSWERS
Unless they file a petition after she dies alleging something horrible against you, you have the sole right to custody of your son. He has no custody rights whatsoever.
Answered on Apr 21st, 2015 at 1:41 PM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
In Indiana, unless your parenting time rights are limited in some fashion, your son would return to you. His uncle would have to file a guardianship request to claim you are unfit, and that is usually an uphill battle. You should talk to professionals right now to discuss this issue and what will end up being best for your son in how you handle it.
Answered on Apr 21st, 2015 at 11:15 AM