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Lawyer Question?

uk#1fan

By uk#1fan
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uk#1fan

uk#1fan

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I know we have some lawyers on here. I have full custody of my son if something was to ever happen to me or if I died what would happen to my son? Would my ex-wife get him or would somebody in my family get custody of him? When we got divorced she was suppose to have no contact with my son unless she past drug tests and some other things but never complied. She also lives in Ohio, most of my family live in my son's school district. I don't think my sister or my parents would have a hard time getting custody of him if something happen to me? What do you think?

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uk#1fan

uk#1fan

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I think you need a will that specifies what should happen to your son in the event you pass away.

 

So I can will my kid off? I was thinking I might have to get a lawyer to have something set if this was to ever to happen.

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Hearsay

Hearsay

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I know we have some lawyers on here. I have full custody of my son if something was to ever happen to me or if I died what would happen to my son? Would my ex-wife get him or would somebody in my family get custody of him? When we got divorced she was suppose to have no contact with my son unless she past drug tests and some other things but never complied. She also lives in Ohio, most of my family live in my son's school district. I don't think my sister or my parents would have a hard time getting custody of him if something happen to me? What do you think?

 

I am assuming, of course, that you live in Kentucky. Under Kentucky law, your ex-wife would take physical custody of your child. Your family would probably have standing to take her to court to seek custody, but would have to show by "clear and convincing evidence" (a higher standard than normal) that your ex-wife was "unfit" (also a very difficult standard). Some past drug usage is probably not going to get it there in most courts. Now, if your relatives could show they were the child's "de facto custodian" under KRS 403.270 due to passage of time and monetary support, they might have an easier road, but proving that can also be problematic. An artful lawyer might also seek the intervention of the juvenile court, or use of the District Court in a guardianship proceeding, to circumvent the Family Court in some circumstances. I recommedn you at a minimum include a provision in your Will, Power of Attorney, and other important documents expressing your wishes regarding Guardianship. While not conclusive, they might bear some influence as evidence.

 

Bottom line, its an uphill battle, and your best bet is not to die.:cool:

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HammerTime

HammerTime

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I may be wrong, but I'm not sure how that would be legally binding for a custody case. Unless you think of children as "worldly possessions."

 

Correct, a will isn't going to help with that but I'm sure one of the experts will know.

 

 

 

 

Hearsay right on que....

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uk#1fan

uk#1fan

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I am assuming, of course, that you live in Kentucky. Under Kentucky law, your ex-wife would take physical custody of your child. Your family would probably have standing to take her to court to seek custody, but would have to show by "clear and convincing evidence" (a higher standard than normal) that your ex-wife was "unfit" (also a very difficult standard). Some past drug usage is probably not going to get it there in most courts. Now, if your relatives could show they were the child's "de facto custodian" under KRS 403.270 due to passage of time and monetary support, they might have an easier road, but proving that can also be problematic. An artful lawyer might also seek the intervention of the juvenile court, or use of the District Court in a guardianship proceeding, to circumvent the Family Court in some circumstances. I recommedn you at a minimum include a provision in your Will, Power of Attorney, and other important documents expressing your wishes regarding Guardianship. While not conclusive, they might bear some influence as evidence.

 

Bottom line, its an uphill battle, and your best bet is not to die.:cool:

 

She was already proven that she was unfit in court when we got divorced.

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mexitucky

mexitucky

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I am assuming, of course, that you live in Kentucky. Under Kentucky law, your ex-wife would take physical custody of your child. Your family would probably have standing to take her to court to seek custody, but would have to show by "clear and convincing evidence" (a higher standard than normal) that your ex-wife was "unfit" (also a very difficult standard). Some past drug usage is probably not going to get it there in most courts. Now, if your relatives could show they were the child's "de facto custodian" under KRS 403.270 due to passage of time and monetary support, they might have an easier road, but proving that can also be problematic. An artful lawyer might also seek the intervention of the juvenile court, or use of the District Court in a guardianship proceeding, to circumvent the Family Court in some circumstances. I recommedn you at a minimum include a provision in your Will, Power of Attorney, and other important documents expressing your wishes regarding Guardianship. While not conclusive, they might bear some influence as evidence.

 

Bottom line, its an uphill battle, and your best bet is not to die.:cool:

 

Could he cut off the problem before it occurs and have her terminate all parental rights? I'm guessing that she has to pay child support and he has sole custody. Is that an option? From there it would be easier to designate custody in his will? or is it a deadbeat parent is better than no parent philosophy?

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woodsrider

woodsrider

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In regards to a will, what we were told by our lawyer when we had our will made was the will only made your wishes known to the court if something were to happen to you. It did no and could not give legal custody to anyone. The courts would ultimately decide who got legal custody of our kids.

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woodsrider

woodsrider

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Thank you for all the replies this has been on my mind for months and I know if I go talk to my lawyer he will charge a bunch of money. I need some other peoples opinion on this and really appreciate it thank you.

 

I can't imagine he will charge you much to just meet with you and layout your options.

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doomer

doomer

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"The laws in all 50 states require a court to apply the best interests of the child standard in awarding custody, even following the death of the custodial parent, according to Nolo. Even if the other parent is available to assume custody, placing the child with that individual must serve the best interests of that minor"

 

Read more: Who Assumes Child Custody When The Custodial Parent Dies? | LIVESTRONG.COM

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uk#1fan

uk#1fan

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"The laws in all 50 states require a court to apply the best interests of the child standard in awarding custody, even following the death of the custodial parent, according to Nolo. Even if the other parent is available to assume custody, placing the child with that individual must serve the best interests of that minor"

 

Read more: Who Assumes Child Custody When The Custodial Parent Dies? | LIVESTRONG.COM

 

Thank you for the link!

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