CS arrears enforceable to deceased parent's estate?

[Ohiogal]

Can dad file a child support claim against mom's estate?

No, he can't.

 

[MsLiz56]

Thanks for the input!

I appreciate the comments; as you can imagine, it's hard for us to have an unbiased perspective, so we were looking for different viewpoints.

He does indeed have a felony record, and has battered all three of his past partners, including our daughter (which is why she left him when she was pregnant). We don't care two hoots about the money, we are just looking at legal precedents. We do have a very good attorney, who tells us we have no legal rights in Florida as grandparents, until he gets in trouble again. Given that past behavior is the best predictor of future behavior--and that he once again has a woman living with him--we believe it's just a matter Of time until that happens again. At which point we want to be ready to step in with as much historical information as we can, so that we can protect our grandson.

In the meantime, we do still have physical custody of our grandson, as well guardianship of our granddaughter from our daughter's previous marriage (her father is also deceased). These children have been raised together in our home--with their mother--and we are hoping to be able to keep them together as much as possible.

We have done our best over the past 6 years to maintain a civil relationship with our former son in law, for our grandsons sake. As of yet he has not filed for our grandson's social security survivor benefits, has not obtained medical coverage for his son, nor has he filed for legal custody. It's an uncomfortable limbo.

Thanks again; we will take all the advice we can get.

 

[LdiJ]

I appreciate the comments; as you can imagine, it's hard for us to have an unbiased perspective, so we were looking for different viewpoints.

He does indeed have a felony record, and has battered all three of his past partners, including our daughter (which is why she left him when she was pregnant). We don't care two hoots about the money, we are just looking at legal precedents. We do have a very good attorney, who tells us we have no legal rights in Florida as grandparents, until he gets in trouble again. Given that past behavior is the best predictor of future behavior--and that he once again has a woman living with him--we believe it's just a matter Of time until that happens again. At which point we want to be ready to step in with as much historical information as we can, so that we can protect our grandson.

In the meantime, we do still have physical custody of our grandson, as well guardianship of our granddaughter from our daughter's previous marriage (her father is also deceased). These children have been raised together in our home--with their mother--and we are hoping to be able to keep them together as much as possible.

We have done our best over the past 6 years to maintain a civil relationship with our former son in law, for our grandsons sake. As of yet he has not filed for our grandson's social security survivor benefits, has not obtained medical coverage for his son, nor has he filed for legal custody. It's an uncomfortable limbo.

Thanks again; we will take all the advice we can get.

OG did not catch that you were in FL or she would not have indicated that you had any chance at grandparent visitation rights. However, I do think that you should go ahead and file for any survivor's benefits that may be available for the children. Worst case scenario is that the child's benefits will get transferred to dad if dad ever files for and obtains custody.

 

[TheGeekess]

OG did not catch that you were in FL or she would not have indicated that you had any chance at grandparent visitation rights. However, I do think that you should go ahead and file for any survivor's benefits that may be available for the children. Worst case scenario is that the child's benefits will get transferred to dad if dad ever files for and obtains custody.

The Florida statute I posted was current as of 2015.

 

[LdiJ]

The Florida statute I posted was current as of 2015.

Did you actually READ that statute? It would apply to so few people that it would be virtually useless.

 

[Ohiogal]

Did you actually READ that statute? It would apply to so few people that it would be virtually useless.

Violence against the parent can be used to show harm against the child and since mom is deceased, the grandparents will have a chance at visitation. Is that a guarantee? no. But it is not a guarantee that unless they suck up to dad, they won't see the child again.

 

[Ohiogal]

Have you considered filing for custody, OP?

Richardson v. Richardson, 766 So.2d 1036, 25 Fla. L. Weekly S 607 (Fla. 2000)
Supreme Court of Florida
August 17, 2000
766 So.2d 1036
25 Fla. L. Weekly S 607

When a custody dispute is between two parents, where both are fit and have equal rights to custody, the test involves only the determination of the best interests of the child. When the custody dispute is between a natural parent and a third party, however, the test must include consideration of the right of a natural parent "to enjoy the custody, fellowship and companionship of his offspring . . . . This is a rule older than the common law itself." State ex rel. Sparks v. Reeves, 97 So.2d 18, 20 (Fla. 1957). In Reeves we held that in such a circumstnace [sic], custody should be denied to the natural parent only when such an award will, in fact, be detrimental to the welfare of the child. We explained what would constitute detriment to the child and approved a temporary grant of custody to the grandparents because of the father's temporary inability to care for the children after the mother's death. We cautioned, however, that the father would be entitled to custody once his ability to care for the children was established. Id. at 20-21.

This is still good caselaw in Florida.
Furthermore, this case states:

Under this construction of the statute, even though a court determines that the grandparent has standing under section 61.13(7) to seek custody, the court may still not intervene in a parent-child relationship or determine whether custody with a grandparent is in the best interest of the child, unless it has been established that the parent abandoned the child, that the parent is unfit or that harm would result to the child if the parent were to be awarded custody. See S.G., 726 So.2d at 811 (relying on In re Guardianship of D.A. McW., 460 So.2d at 369-70); see also Murphy v. Markham-Crawford, 665 So.2d 1093, 1094 (Fla. 1st DCA 1995). [6]

So I disagree with LD (love you Ld, but I think you are incorrect because grandparents MIGHT depending on the facts have an argument for custody here. Even in Florida).

 

[MsLiz56]

We did consider filing for custody, but decided that would fall into the "pissing off the father and never seeing our grandson again" category. Our plan is to wait for the inevitable meltdown and arrest, at which time we will file for emergency guardianship

 

[justalayman]

OG did not catch that you were in FL or she would not have indicated that you had any chance at grandparent visitation rights. However, I do think that you should go ahead and file for any survivor's benefits that may be available for the children. Worst case scenario is that the child's benefits will get transferred to dad if dad ever files for and obtains custody.

What makes you think dad has to file anything to claim custody of his child? The default is he is the child guardian and as such has a right to come pick up the child. If grandparents want something different they have to file an action in court to attempt to change it.