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  1. #1
    mommabearx1 is offline Member
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    What happens to my child if I die?

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

    If something were to happene to me to prevent me from caring for my child properly, or I were to die, what would happen to my child. If I have a lving will and then a will for if I die, will the judge overturn that and possibly give custody to my ex. I have sole cusotdy now and he has visittion rights. (he just started seeing her in Feb unsupervised & it is pretty inconsistent) I know grandparents do not have rights in the state of Virginia, however we have lived with them for the past three years and this is really what she knows. I am just making sure she is not taken from what she knows and placed with him and his mother or him and his girlfriend.
    Thanks in Advance!!
  2. #2
    Isis1 is offline Senior Member
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    Quote Originally Posted by mommabearx1 View Post
    What is the name of your state (only U.S. law)? Virginia

    If something were to happene to me to prevent me from caring for my child properly, or I were to die, what would happen to my child. If I have a lving will and then a will for if I die, will the judge overturn that and possibly give custody to my ex. I have sole cusotdy now and he has visittion rights. (he just started seeing her in Feb unsupervised & it is pretty inconsistent) I know grandparents do not have rights in the state of Virginia, however we have lived with them for the past three years and this is really what she knows. I am just making sure she is not taken from what she knows and placed with him and his mother or him and his girlfriend.
    Thanks in Advance!!
    dad gets custody. dad's parental rights overrule grandparent rights. you cannot will children. you can have a preference, but you cannot will them out.
  3. #3
    mommabearx1 is offline Member
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    Quote Originally Posted by IsabellaSoriano View Post
    dad gets custody. dad's parental rights overrule grandparent rights. you cannot will children. you can have a preference, but you cannot will them out.

    What if he is not exercisiing his visitation rights as they are laid out in the order, EOW he checked out completely in the month of July, showed back up in August, picks her up on Friday at 5pm only tohave me come and get her at noon on Sat. My fear is is something like this were to happen she would be placed with him and then she would be taken care of by her paternal grandmother, which she doesn't know. I just can't even imagine that happeneing!!
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by mommabearx1 View Post
    What is the name of your state (only U.S. law)? Virginia

    If something were to happene to me to prevent me from caring for my child properly, or I were to die, what would happen to my child. If I have a lving will and then a will for if I die, will the judge overturn that and possibly give custody to my ex. I have sole cusotdy now and he has visittion rights. (he just started seeing her in Feb unsupervised & it is pretty inconsistent) I know grandparents do not have rights in the state of Virginia, however we have lived with them for the past three years and this is really what she knows. I am just making sure she is not taken from what she knows and placed with him and his mother or him and his girlfriend.
    Thanks in Advance!!
    The other parent is always first in line for custody. If that parent doesn't want custody, or could be proven unfit, then both sets of grandparents would be second in line for custody. Third in line would be the aunts and uncles on both sides.
  5. #5
    mommabearx1 is offline Member
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    Quote Originally Posted by LdiJ View Post
    The other parent is always first in line for custody. If that parent doesn't want custody, or could be proven unfit, then both sets of grandparents would be second in line for custody. Third in line would be the aunts and uncles on both sides.
    Great so I am gonna have try extra hard to stay ALIVE!! Thanks again.
  6. #6
    truebluemd is offline Senior Member
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    Why dont you discuss with dad how he feels about your mom and dad getting custody. At least that may calm your concerns.

    why are you so worried about this. Do you have a life/death health issue?
  7. #7
    mommabearx1 is offline Member
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    Quote Originally Posted by truebluemd View Post
    Why dont you discuss with dad how he feels about your mom and dad getting custody. At least that may calm your concerns.

    why are you so worried about this. Do you have a life/death health issue?
    No I do not have a life and death issue at hand, however when we were in court my x-husband said that if something were to happen to me would he be called and could he take her out of foster care The judge told him she wouldn't be in foster care that with the sitaution at hand my parents would keep her. And he would have to speak to a lawyer about his options. Then the judge order sole cusody be given to me. (the thing was my X didn't want to agree to me having sole custody because he thought if something happened to me then our daughter would automatically be placed in foster care, to which the judge respnded the above)

    Thanks again

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