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  1. #1
    massmom Guest

    Child custody after both parents are deceased

    What is the name of your state? Massachusetts

    I've been told that in case that both parents die, custody of the child goes to the state. State then places the child into foster care regardless of whether there are any grandparents or other relatives who could potentially take care of the child. Is this true?

    thanx
  2. #2
    haiku is offline Senior Member
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    I am from ma. and I have never heard that.
    "It is easier to build strong children than repair broken men." Frederick Douglas
  3. #3
    nextwife is offline Senior Member
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    Why would a state want to incur permanent foster care expenses IF there are ready,willing and able family members available with whom to place a child?
  4. #4
    JETX is offline Senior Member
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    "I've been told that in case that both parents die, custody of the child goes to the state. State then places the child into foster care regardless of whether there are any grandparents or other relatives who could potentially take care of the child. Is this true?"
    *** Yes, that is true. However, if a responsible relative were to step forward and offer to take the child(ren) the agency would be glad to investigate and allow if appropriate.
  5. #5
    Sandman-XX Guest

    Also..

    You can NOT delegate a person in a will.. however.. 2 attorneys have recommended, and I did it, that you express a WISH in your will that the minor child go to live with whoever the parents choose. Again, it will not automatically happen, however a will can be a legal document expressing a wish when the parent is not there.
  6. #6
    JETX is offline Senior Member
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    Sandman:
    Where does it say ANYWHERE in this thread about a will and the desire to 'place' a child in a will???
    Simply, you are offering a response to a question that isn't even presented.

    In this case, the answers to the question posed have already been provided.
  7. #7
    Sandman-XX Guest

    Sorry

    JETX.. I was ASSuming that part of this question was based on where the child will go, and apparently this poster was worried about where their family member child was going.
  8. #8
    JETX is offline Senior Member
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    Nuff said.
  9. #9
    massmom Guest
    Thank you for your answers and info about the will as well. The only thing I don't understand is why the state would even consider interfering if the child was left with grandparents or other relatives, unless there was neglect or abuse reported.
  10. #10
    JETX is offline Senior Member
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    "The only thing I don't understand is why the state would even consider interfering if the child was left with grandparents or other relatives, unless there was neglect or abuse reported."
    *** Simple answer.... because that is the law. The law only recognizes one set of parents. They can be the natural parents or adoptive parents. They are the only parties that the court will recognize in the matter of the childs welfare. If the parents are found not fit (due to abuse, etc.) or both parents are deceased, the court can sever that relationship and place the child in the custody of the state. Once that is done, the state will then determine what is (hopefully) the best placement of the child. There really is no such thing as an 'automatic' passage of custody to another family member.

    There was a case recently in Texas where the mother killed her husband (by running him over with her car!!). She was found guilty and sent to prison for life. Initially, she had decided to let the paternal grandparents have custody of her children (twin boys). However, this was apparently only for 'show' since as soon as she was convicted, she filed a lawsuit to change the custody to some close friends (neighbors). This was dragged through the courts and finally an agreement was made where the grandparents AND the 'friends' would each have custody. Summary: There is no automatic assumption that the grandparents or other relatives are the best placement.
    An article on this can be found at:
    [url]http://www.click2houston.com/news/2486182/detail.html[/url]

    And more at:
    [url]http://www.glennsacks.com/convicted_murderers_can.htm[/url]
    [url]http://thefacts.com/story.lasso?WCD=9410[/url]
    Last edited by JETX; 10-17-2003 at 10:00 AM.

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