What is the name of your state? Georgia
Here's a hypothetical question, but one that is worrying my family: Who gets custody of the child of divorced parents after both parents are deceased?
My niece is very much a part of our extended family. She and her mother live near our parents and other siblings and the little one is very close with her cousins.
Her parents, now divorced, were middle-aged when she was born. Neither is in good health; neither is likely to live to see their daughter's 18th birthday.
My sister has specified in her will that I should raise my niece in the event of my sister's death. However, the girl's father is more likely to outlive her mother. If he does, we know very well that we will never see the child again.
Am I correct in assuming that as long as he lives, none of us has any visitation rights (much less custody rights)?
The further question: If she is still a minor when her father dies, what factors will come into play in determining custody? Will only the guardian specified by her father be considered? Her father has only one sibling, and she lives all the way across the country. The little girl only sees this aunt once every year or so. She would be much better off emotionally if she could be restored to the extended family that holds so many close ties for her. Who/what will decide the issue?
The father is very difficult to work with, although all of us have always taken care not to spoil his relationship with his daughter. My niece loves her daddy; they are close and we are glad of this. If he would believe me, I could assure him that if I were allowed the opportunity of raising her, his current visitation rights would be upheld and his position in her life would be in no way diminished. He is not one to return the favor, however. The child has mentioned numerous times that he has slandered her mother and the rest of us. We have every reason to believe that if my sister should die, he would gleefully uproot his daughter and cut her off from us, regardless of the emotional damage this would inflict on her.
As I mentioned, my sister has specified in her will that my husband and I should be guardians. Is there anything else we can do to strengthen an argument for custody should the worst occur?
Any (civilly-worded) advice will be appreciated.
Thanks,
Arlee
Here's a hypothetical question, but one that is worrying my family: Who gets custody of the child of divorced parents after both parents are deceased?
My niece is very much a part of our extended family. She and her mother live near our parents and other siblings and the little one is very close with her cousins.
Her parents, now divorced, were middle-aged when she was born. Neither is in good health; neither is likely to live to see their daughter's 18th birthday.
My sister has specified in her will that I should raise my niece in the event of my sister's death. However, the girl's father is more likely to outlive her mother. If he does, we know very well that we will never see the child again.
Am I correct in assuming that as long as he lives, none of us has any visitation rights (much less custody rights)?
The further question: If she is still a minor when her father dies, what factors will come into play in determining custody? Will only the guardian specified by her father be considered? Her father has only one sibling, and she lives all the way across the country. The little girl only sees this aunt once every year or so. She would be much better off emotionally if she could be restored to the extended family that holds so many close ties for her. Who/what will decide the issue?
The father is very difficult to work with, although all of us have always taken care not to spoil his relationship with his daughter. My niece loves her daddy; they are close and we are glad of this. If he would believe me, I could assure him that if I were allowed the opportunity of raising her, his current visitation rights would be upheld and his position in her life would be in no way diminished. He is not one to return the favor, however. The child has mentioned numerous times that he has slandered her mother and the rest of us. We have every reason to believe that if my sister should die, he would gleefully uproot his daughter and cut her off from us, regardless of the emotional damage this would inflict on her.
As I mentioned, my sister has specified in her will that my husband and I should be guardians. Is there anything else we can do to strengthen an argument for custody should the worst occur?
Any (civilly-worded) advice will be appreciated.
Thanks,
Arlee