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Custody of a child when one parent dies

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tamis4n3

Junior Member
We live in Washington State. My boyfriend's ex-wife got sick recently and is afraid she may pass away, so she is hiring a lawyer to draw up paperwork so that her parents will have custody of their 6 year old son if she does die. My boyfriend wants his son to live with him if that happens, however he is worried that if his ex draws up paperwork, her parents will get custody and he won't have his son live with him. Is that possible?
 


CSO286

Senior Member
We live in Washington State. My boyfriend's ex-wife got sick recently and is afraid she may pass away, so she is hiring a lawyer to draw up paperwork so that her parents will have custody of their 6 year old son if she does die. My boyfriend wants his son to live with him if that happens, however he is worried that if his ex draws up paperwork, her parents will get custody and he won't have his son live with him. Is that possible?
Well, first, do realize that this is not your legal matter.

That being said, children are not property that can be willed to a new "owner" upon death.

Dad will need to go and pick up the child (tactfully and compassionately) and if Mom's family denies him, Dad will need to get himself to court. A lawyer would be most helpful in this situation.
 

Proserpina

Senior Member
We live in Washington State. My boyfriend's ex-wife got sick recently and is afraid she may pass away, so she is hiring a lawyer to draw up paperwork so that her parents will have custody of their 6 year old son if she does die. My boyfriend wants his son to live with him if that happens, however he is worried that if his ex draws up paperwork, her parents will get custody and he won't have his son live with him. Is that possible?


While Mom cannot "will" your boyfriend's son to her parents - that's really NOT possible - she can make what is called a "standby guardianship" which the court may take into consideration if the worst happens.

What's important here is how much contact Dad already has - if he's a regular part of his son's life, the chances of him not getting custody are slim-to-none.
 

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