QUESTION
Who can get child custody if the mother passes away? How?
Asked on Sep 29th, 2015 on Child Custody - Michigan
More details to this question:
If the mother dies, how can her family (i.e. sister) be awarded custody of the child? Father is in and out of rehab for cocaine; arrested multiple times, etc., etc. He will not be put on birth certificate. What steps should we take to make this easier in the long run if mother dies? For example, a will stating who should be awarded custody? This is a very complicated case as mother is not in good health.
4 ANSWERS
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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A will or third party custody action can resolve your concerns. Consult with an attorney to discuss your options further depending on your state.
Answered on Sep 29th, 2015 at 6:33 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Naming a guardian of the person and of the estate of the children is definitely a good idea. You will probably have to follow that up promptly with a petition for guardianship. Experienced family law practitioners can give you very useful help in this process, and it's usually worth the cost.
Answered on Sep 29th, 2015 at 4:49 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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A will is helpful with a back up power of attorney for children's issues but you should really talk to a family law attorney and be set to file a guardianship if something happens to mom.
Answered on Sep 29th, 2015 at 3:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is possible for the mother to nominate a guardian for the remaining minor child or children in her will. You might also be possible to have a guardianship established during her lifetime is her illness progresses and abilities to care for the children diminish. I would suggest that you seen attorney with all the details and start putting a plan into effect.
Answered on Sep 29th, 2015 at 2:59 PM