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Can we get permanent custody in the event of our daughter's death?

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willyadeb

Junior Member
What is the name of your state? NY
Our daughter and 5 year old granddaughter have lived with us for 3 1/2 years. When our daughter and her child's father split up he signed away his parental rights. He doesn't support her financially and seldom visits her although he lives in the same town.Her paternal grandmother is still alive.What do we need to do to insure that we get custody of her in the event that our daughter dies or can't raise her?
 


rmet4nzkx

Senior Member
willyadeb said:
What is the name of your state? NY
Our daughter and 5 year old granddaughter have lived with us for 3 1/2 years. When our daughter and her child's father split up he signed away his parental rights. He doesn't support her financially and seldom visits her although he lives in the same town.Her paternal grandmother is still alive.What do we need to do to insure that we get custody of her in the event that our daughter dies or can't raise her?
What exactly do you mean that the father signed away his parental rights? Did a court make this determination? Was paternity established?
 

willyadeb

Junior Member
paternity

Paternity was established. The father gave sole custody to our daughter. It's my understanding that this means he has surrendered all rights to make decisions regarding her welfare.
 

rmet4nzkx

Senior Member
willyadeb said:
Paternity was established. The father gave sole custody to our daughter. It's my understanding that this means he has surrendered all rights to make decisions regarding her welfare.
The father being NCP is not the same thing as giving up his parental rights. Is there a court order? Why on earth is your daughter not filing for child support and dependent on you?
 

dallas702

Senior Member
Did the father ever have his parental rights TERMINATED by the court? If so, your daughter should have copies of all the paperwork since she had to be involved. You need to see the word TERMINATION in there somewhere.
 

LdiJ

Senior Member
willyadeb said:
Paternity was established. The father gave sole custody to our daughter. It's my understanding that this means he has surrendered all rights to make decisions regarding her welfare.
Sole custody means that your daughter has sole decision making rights, but it doesn't mean that his parental rights are terminated.

Therefore, there is no way to guarantee that you would become the child's guardian should something happen to mom. Your daughter can certainly state her wishes in her will, but it will be up to a judge to decide, and dad will have to be part of the case.
 
T

titansfan

Guest
dad has the right to custody if mom were to pass away

dad would be first in line for custody, and unless he is proven unfit, he would be awarded custody. you can file for visitatation rights. dad has more rights then anyone else.
 

knd2517

Member
willyadeb said:
Paternity was established. The father gave sole custody to our daughter. It's my understanding that this means he has surrendered all rights to make decisions regarding her welfare.
Sole custody is just that- custody. There is no reason she should not be receiving child support.
Termination of rights, especially in NY is a very hard thing to get unless there is another person ready to step in and adopt.
The courts in NY do not like to "*******ize" children (& yes, I've actually read that line in court documents) nor leave them with no option for support in the event it becomes necessary.

That said, if something happens to your daughter and he steps up to the plate, his chances are very good that he will get custody. NY did pass a law last year that gives grandparents preference in a situation where the child has lived with them for over two years, but it's not a given if the father fights. The longer he has no contact with the child, the better your chances.

Your daughter should have a will which states her preference. This will help you in the long run. Won't guarantee anything, but will definately tip the scales in your favor if the father continues with no contact.

KND
 

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