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  1. #1
    KansasArmyMom Guest

    parent death and rights

    What is the name of your state? kansas

    My son is 5, his father in NH is terminally ill. The father and i were not married, and there is no legal custody arrangement. I am told that he wishes to have his older son, who is 27, "maintain" his visitation and is leaving it to his Will to state that. He also mentioned he will get a court order first if his laywer wont let the Will be sufficient. Can he just say "i wish to have this person take over my visitation" ? what kind of legal grounds does a half-brother have? is a will enough to have visitation stick?? what kind of benefits is my son entitled to? wouldnt my son then be in my sole custody after his fathers death??
    Thank you for assisting me with my many questions.
  2. #2
    stealth2 is offline Senior Member
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    The 27yo has no right to visitation in place of his father. No will is going to change that. I wouldn't lose any sleep over that.

    yes, when Dad dies, your son will be in your full custody.
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by KansasArmyMom
    What is the name of your state? kansas

    My son is 5, his father in NH is terminally ill. The father and i were not married, and there is no legal custody arrangement. I am told that he wishes to have his older son, who is 27, "maintain" his visitation and is leaving it to his Will to state that. He also mentioned he will get a court order first if his laywer wont let the Will be sufficient. Can he just say "i wish to have this person take over my visitation" ? what kind of legal grounds does a half-brother have? is a will enough to have visitation stick?? what kind of benefits is my son entitled to? wouldnt my son then be in my sole custody after his fathers death??
    Thank you for assisting me with my many questions.
    I will add a little bit to what Steath told you. In a handful of states siblings have the right to petition for visitation. I don't believe that Kansas is one of those states, however you can consult with a local attorney, or browse through the statutes on your state government website to verify that.

    Dad himself can't take it to court to ensure that happens either. IF the brother has standing to sue in Kansas. The brother would have to do it himself.

    It sounds to me like dad wants to make sure that the child remains part of the paternal family's life, and that isn't wrong. Why don't you assure dad that although you don't agree to his older son taking over his "rights", that you certainly don't intend to keep your child away from the paternal side of his family.
  4. #4
    nextwife is offline Senior Member
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    I agree. Good Grief! This man is DYING. His son is your child's sibling. Would it be so terrible to let him go to his grave assured that both his children will be able to see each other anhd maintain a relationship?

    Remember, we will be gone someday. Our childrens siblings will be the family they can turn to for emotional support as family when we are gone IF we allow them to build a relationship.
    Last edited by nextwife; 11-17-2004 at 07:04 AM.
  5. #5
    casa is offline Senior Member
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    It would be so sad if something were to happen to me and my children's fathers didn't let them remain in each others lives.
    Why not set up an agreement for visitations times- not necessarily eow (or whatever the father has now) but some type of schedule that allows the sibling at least some continuing contact?

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