October 24, 201213 yr She was already proven that she was unfit in court when we got divorced. How long ago was this? I would assume that past drug use or unfit behavior, while it may play a role, will not have a major impact on determining the "fitness" of the mother to raise a child now. Of course, I have no legal background so I could be completely off.
October 24, 201213 yr "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 Right, but that's like letting a prize fight get to the judges. I'd like to find a way to make her "dead" to the child (legally speaking) as opposed to leaving it up to a liberal judge who listens to a weeping mother.
October 24, 201213 yr 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? If she voluntarily terminates her parental rights, then he would esignate a guardian in his Will and that would be enforced.
October 24, 201213 yr "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 I'm sorry, but that is not the law in Kentucky.
October 24, 201213 yr Right, but that's like letting a prize fight get to the judges. I'd like to find a way to make her "dead" to the child (legally speaking) as opposed to leaving it up to a liberal judge who listens to a weeping mother. Terminate her parental rights now. Involuntarily. The standard (unfitness) is similar, but the statute is different. Still a very high bar. How long has it been since she has seen the child?
October 24, 201213 yr uk, In short, Hearsay is the guy in the know here. Listen to what he says, dig into your pocket, hire an attorney, and get all your legal work/will as rock solid as possible in case the worse happens.
October 25, 201213 yr uk, In short, Hearsay is the guy in the know here. Listen to what he says, dig into your pocket, hire an attorney, and get all your legal work/will as rock solid as possible in case the worse happens. :thumb: :thumb: It may cost you now but if something unfortunate happens your child and family will be glad you did. I have a family member who is constantly involved in this. The courts will give the parent many chances to prove they are fit, without you there to defend your child if you should pass, the road will be much easier for the child's mother to regain custody.
October 25, 201213 yr Author Terminate her parental rights now. Involuntarily. The standard (unfitness) is similar, but the statute is different. Still a very high bar. How long has it been since she has seen the child? I think I will do that. She has seen him a few weeks ago but she lives in Ohio. I take him to see her. She has warrants in Kenton County so I guess it would be hard for her to get him if something did happen.
October 25, 201213 yr Author Thanks guys I will talk to my lawyer and get this squared away. I am in good health though so I am not going anywhere anytime soon.
October 25, 201213 yr Thanks guys I will talk to my lawyer and get this squared away. I am in good health though so I am not going anywhere anytime soon. Good God, man, knock wood after you say that!
October 25, 201213 yr At this point it won't cost a lot. I do wills (3 pages or less) with a power of attorney for $150. The stuff about the juvenille courts wouldn't be useful until you are gone, mainly because you don't want your kids taken from you, they are more for when a child is in an "emergency situation".
October 25, 201213 yr At this point it won't cost a lot. I do wills (3 pages or less) with a power of attorney for $150. The stuff about the juvenille courts wouldn't be useful until you are gone, mainly because you don't want your kids taken from you, they are more for when a child is in an "emergency situation". Another factor is that she may very well not have the funds to defend a case. I'd say maybe a $2500 retainer to serve her with an involuntary termination petition and conduct that case. She might not even defend.
October 25, 201213 yr Another factor is that she may very well not have the funds to defend a case. I'd say maybe a $2500 retainer to serve her with an involuntary termination petition and conduct that case. She might not even defend. True, but if she responds might be hard one to win and that's money down the drain.
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