mom died, now what.

[SoSadMomof1.]

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

Many years ago my daughter was born and I was still a kid so i turned over custody to my parents and went on with my life.


My parents have lived in a home with my other sibblings and while i have spent time with my daughter and have a relationship with her, I dont live there, i have lived on my own all along. and i have never brought up the custody thing again because she was better off in my opinion. (my mother had alot more income then me,nevermind my fathers income too)

recently both of my parents have died in a car accident. We are all devistated and no one more then my daughter who has spent all of her 11 years with them while I ran wild. ( I have significantly grown up BTW. you dont make it to 30 without growing up alot.)

My sister who has also lived at my parents house this whole time, and who the house was left to wants to keep my daughter. She claims she was left to her in my parents will. ( we as a family, or me as a daughter has never really got along with them. )

I dont think she will be able to gather a case on me to the effect that i will harm my child in any way, and i think its BS that my parents would leave my daughter to my little sister. Is that even legal? I am able to care for her I have been a long time, I just didnt want to rock the boat as it were.

Should I go bring this to family court? Do I have a chance? I want to leave my daughter out of this arguement, she has been thru enough already.

thank you.

 

[LdiJ]

Is your child with you right now? If not , and sister does not have a custody order then get your child . You cannot will children .

I agree with this advice, assuming that your parents did not adopt your daughter...as long as they just had custody. If your parents adopted your daughter then you are legally her sister, and you and your little sister would have equal legal standing.

 

[Ohiogal]

And I agree with LD and by extension Mwarren

 

[thedoctorisin]

In addition to the excellent legal advice above, you should, for your daughter's sake, (1) make sure she receives professional counseling for the loss of your parents and for the adjustments she will need to make in her life now, and (2) see if you can work out some kind of reasonable understanding with your sister. It might give your daughter some sense of continuity in her young life.

But as far as the legal aspects are concerned, go with Ohiogal, LdiJ, and mwarren1980.

 

[SoSadMomof1.]

thank you guys. she was not adopted by them, just full custody.

I have already enrolled her in therepy. she goes 3x a week.

I will try to work it out with my sister. im sad about my parents but am very happy to get my only child back after all these years of regret. I should probably get a therepast too.

Thanks again.

 

[futuredust]

Did you give your parents custody through a court order?

 

[TheGeekess]

Did you give your parents custody through a court order?

Does that really matter since both of the grandparents (who had custody) are now dead?

 

[summerdawn]

I just wanted to tell you that i'm sorry for your loss, and I wish you and your daughter well. I have a similar situation in my life and I had always wondered what would happen if something happened to my parents.

 

[futuredust]

Maybe not.. But I had a call when I opened this thread and walked away for a little bit. I had not read all the answers.

 

[nextwife]

Where's the FATHER?

 

[Ohiogal]

Does that really matter since both of the grandparents (who had custody) are now dead?

Actually yes. MOm should go back to court and petition for custody based on the fact that the prior custodians are now dead and that is a substantial change in circumstance. She also has to serve dad(s).