Who gets Custody if Custodial Parent Dies?

[Pearl72]

What is the name of your state? Colorado

Me and my ex are trying to work things out for the sake of our daughter. I was just wondering, he wants to put in wording in the agreement that in the event of my death that he shall retain full custody, and full legal custody. Doesn't that automatically happen if one parent dies the child goes to live with the other parent? I guess my mother is causing issues, and has stated that if anything happens to me, that she would get custody over my ex? He just wants to be assured this doesn't happen. My mother has been known to meddle and get in the middle of things because she doesn't want me to resolve things with my ex when it come to our daughter. Long story there... Please advise. Thanks.

 

[carofl93]

I am not a lawyer, nor do I work in the legal profession, but unless your ex is proven to be dangerous, or your child is adopted by either of your spouses (if there are any), he will get custody.

I know one of the more knowledegble folks will be along shortly.

Carol

 

[justalayman]

I'm not an attorney either but I can tell you Carol did just fine

Barring some reason the child would be unsafe going to the other parent, that is exactly where they will go.

Why would a woman believe she might have rights over the natural father to have custody of the child?

 

[tigger22472]

What is the name of your state? Colorado

Me and my ex are trying to work things out for the sake of our daughter. I was just wondering, he wants to put in wording in the agreement that in the event of my death that he shall retain full custody, and full legal custody. Doesn't that automatically happen if one parent dies the child goes to live with the other parent? I guess my mother is causing issues, and has stated that if anything happens to me, that she would get custody over my ex? He just wants to be assured this doesn't happen. My mother has been known to meddle and get in the middle of things because she doesn't want me to resolve things with my ex when it come to our daughter. Long story there... Please advise. Thanks.

While it does generally happen automatically just as the others said... If I remember this story correctly there is a significant geographical difference between the two of you and if it were me I don't see the harm in adding it. If your mother is causing these issues I would hope that if something were to happen to you someone else would be in charge of informing your ex but reality is that your child will be in someone else's care until he got there and again I think it's a good idea to put in.