child custody-ex incarcerated

Hello,
I live in Colorado and my ex is incarcerated in Washington State for life without parole. My question is, can I get something done legally to make arrangements for my son in the event of my untimely death or does the control automatically revert to my ex since he is the biological father?

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by J_bin:
[b]Hello,
I live in Colorado and my ex is incarcerated in Washington State for life without parole. My question is, can I get something done legally to make arrangements for my son in the event of my untimely death or does the control automatically revert to my ex since he is the biological father?[/b]<HR></BLOCKQUOTE>


My response:

At least under California law, which is not very disimilar to Washington State law, an incarcerated parent loses custody and parental rights - - for obvious reasons (which is currently a question before the California Supreme Court); i.e., the question is: "Should an incarcerated parent lose all parental rights and decision making abilities"? Because the fact remains that the incarcerated parent is still the legal parent, and the incarcerated parent should still be given rights as a parent, despite the current residence of that parent.

In your case, and under Washington law, your husband does not have the right to guide where his child goes after your untimely death, assuming that the child is still under 18 years of age.

So, you really should seek the advice of an attorney to help you set up a legal guardianship with a family member in the event the worst happens; and that way, the child will not become a "Ward" of the State, or cause any other legal hastles.

Remember, a child does not necessarily "pass" to the next of kin. Without Guardianship, the court would take your child, place him in protective custody with a foster parent, and while the other relative are battling about who takes the child, there your child can sit for months and months.

Do something now, to avoid the potential problems.

Good luck.

IAAL

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