Can my brother get custody if I die?

[mommy02]

What is the name of your state? Virginia. I have a Last Will and Testament of which I have appointed my brother as gaurdian of my child if I die. I am a single mom, never married. Paternity was established and my child's father pays child support through the DCSE. The father has made no attempt to be involved with my child. I understand that I am the custodial parent (CP) and that the father (NCP) would have to petition the court for visitation or custody if he wanted to.
My question is: If in the event that I die and my brother is the legal gaurdian of my child, would he be able collect child support from the father? Would he have to petition for custody or does the legal guardian have the right to collect. If he could collect would he have to apply for support through the DCSEor could he collect using my existing accout with DCSE?

 

[BelizeBreeze]

that the father (NCP) would have to petition the court for visitation or custody if he wanted to.

Of course he can. But if you die he doesn't have to do anything. The child is his. PERIOD!

My question is: If in the event that I die and my brother is the legal gaurdian of my child, would he be able collect child support from the father?

Yep, sure could. IF you can find a court to allow such while there is a biological father who has LEGAL rights to the child. Now, would you like to know how much of a chance that has of happening?

Would he have to petition for custody or does the legal guardian have the right to collect. If he could collect would he have to apply for support through the DCSEor could he collect using my existing accout with DCSE?

He would have to get a judge drunk and take pictures with him at a house of Ill Repute for something like this to occur. Your Will has no force and effect on custody of a child. Your relative has no legal standing to challenge for custody.