QUESTION
Who will get custody of this child if something happens to the mother?
Asked on Mar 18th, 2014 on Child Custody - Rhode Island
More details to this question:
Father has had no contact or has not paid financial support for a minor child in 7 years. The couple never married, but the father is listed on the birth certificate. The new husband seems to have no interest in adoption, and the child had lived with the mother's parents at an earlier age. The child is very close to the grandparents. Will the minor child's wishes be taken into consideration?
2 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If something happens to mom, and let's hope that it doesn't, either step dad or grandparents or aunts or uncles could petition the court to be the child's guardian. In that event, it will be up to the court to decide what is in the child's best interest. Depending on the age of the child, the court may listen. But even so, the court may not do what the child wants.
Answered on Mar 21st, 2014 at 12:23 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The mother needs to do a will in which she names the grandparents (if that's who she wants) as the proposed guardians for the child. The court will then decide if they are appropriate guardians and in all likelihood the child will go to the grandparents. If, on the other hand, the new husband decides to adopt her the child would go with him if the adoption is finalized. He he wants to be her guardian, the court will choose between him and the grandparents (if they are named as discussed above) and make the decision based on the best interest of the child. How much the child's desires count under those circumstances depends on her age, reasons, intelligence, maturity etc.
Answered on Mar 21st, 2014 at 12:23 PM