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Nonparental rights after death of custodial parent

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jsmith80

Junior Member
What is the name of your state (only U.S. law)? Alabama

If parents have a joint custody agreement and the custodial parent passes away, can a

nonparent file for a temporary order of custody that will override the joint custody agreement in

the divorce papers?What is the name of your state (only U.S. law)?
 


AkersTile

Member
What is the name of your state (only U.S. law)? Alabama

If parents have a joint custody agreement and the custodial parent passes away, can a

nonparent file for a temporary order of custody that will override the joint custody agreement in

the divorce papers?What is the name of your state (only U.S. law)?
Ummm No :rolleyes:

The NCP (who happens to be the child's other PARENT) would get custody of the child. Of course there are those random, extreme cases, but we're not talking about those.
 

ecmst12

Senior Member
Well, the "non-parent" may be able to FILE a petition for custody. It's just not very likely that they will win, unless there are some odd circumstances that are not mentioned here. Of course even that would depend on who the non-parent is. A stepparent who has lived with the child has a slightly better chance than anyone else.
 

supernaturalson

Junior Member
When my cousin passed away, she had left in her will that she wanted her 2 boys to live with her current husband, who had been a father figure to the boys for most of their lives. The father went to court and got full custody. I don't know if this helps at all, but I'd thought I'd throw it out there just in case.
 

Proserpina

Senior Member
When my cousin passed away, she had left in her will that she wanted her 2 boys to live with her current husband, who had been a father figure to the boys for most of their lives. The father went to court and got full custody. I don't know if this helps at all, but I'd thought I'd throw it out there just in case.


This is a great example of how it works in real life. Super's cousin could not "will" her children to Stepdad. While it is possible, in some states and in some circumstances, for a third party (stepparent, grandparent for example) to get custody of the kids after the death of the CP, in these cases there is usually little or no contact with the actual other parent.

When the other parent is fit, present and willing it rarely (if ever) happens.
 

stealth2

Under the Radar Member
When my cousin passed away, she had left in her will that she wanted her 2 boys to live with her current husband, who had been a father figure to the boys for most of their lives. The father went to court and got full custody. I don't know if this helps at all, but I'd thought I'd throw it out there just in case.
Of course the father did. Children are not pieces of furniture nor paintings that can be willed to someone. Why should they NOT be with their other parent?
 

LdiJ

Senior Member
Of course the father did. Children are not pieces of furniture nor paintings that can be willed to someone. Why should they NOT be with their other parent?
This is a good explanation. However, if the father of the children had been absent from the children's lives completely for a many years, a stepparent (or grandparent or aunt or uncle) might possibly win such a custody battle. The devil is in the details.

A teenager who has never met dad is unlikely to end up in dad's custody. A two year old who hasn't seen dad in six months, particularly if mom stymied dad seeing the child, would likely end up in dad's custody, and all kinds of combinations in between.

Bottom line...if the other parent has been even marginally involved in the child's life, that parent is likely to receive custody unless that parent is solidly unfit, by legal standards...or just doesn't care...or is so awol that nobody can find him/her.
 

supernaturalson

Junior Member
Of course the father did. Children are not pieces of furniture nor paintings that can be willed to someone. Why should they NOT be with their other parent?
The children's father had not been active in their lives for quite some time. When my cousin found out she had 2 weeks to live, she really didn't have time to research the legalities of it. She didn't think their father was interested in custody of them, and so she wanted them to remain in their home with her husband. Her intentions were not to keep them from their father, she was just trying to get her ducks in a row and have some peace of mind that someone would be caring for her boys.
 

Proserpina

Senior Member
The children's father had not been active in their lives for quite some time. When my cousin found out she had 2 weeks to live, she really didn't have time to research the legalities of it. She didn't think their father was interested in custody of them, and so she wanted them to remain in their home with her husband. Her intentions were not to keep them from their father, she was just trying to get her ducks in a row and have some peace of mind that someone would be caring for her boys.


Doesn't change anything.

Someone did end up caring for the boys.

Their father.
 

supernaturalson

Junior Member
Doesn't change anything.

Someone did end up caring for the boys.

Their father.
I get that. I'm happy they went with their dad. My whole point in posting it in the first place was just to give an example of something that happened to someone else. I was just trying to help.
 

Proserpina

Senior Member
I get that. I'm happy they went with their dad. My whole point in posting it in the first place was just to give an example of something that happened to someone else. I was just trying to help.


And you did help :)

(Truly!)

You gave a real life example of how sometimes, no matter what the CP wants (even if they list it in a will or, if the state allows, a standby guardianship), the remaining parent can indeed get custody.
 

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