Child Custody If Child Loses Both Parents At Once

[Todit]

I don't know if this is the right place to ask this, but, if a child loses both parents, and another family member has to take custody of the child, how long would that process take and what would the process look like for the child? if the specific state is important, Nebraska.

 

[t74]

Research "standby guardianship". I found standard forms for the state I was interested in at the time. . I am unfamiliar with NE laws but a search shows:

https://guardianships.uslegal.com/state-laws/nebraska-standby-guardianship-law/
https://supremecourt.nebraska.gov/supreme-court-rules/chapter-6-trial-courts/article-14-uniform-county-court-rules-practice-and-49

This should be done, IMO, for all minor children as part of a parent's estate planning

 

[bcr229]

Thank you! My husband and I have guardians for our daughter designated in our Will should we both pass away, but we will look into this also.

 

[t74]

It is my understanding that naming guardians in a will is not necessarily binding on the court. I guess much depends on whether there would be a custody fight.

The novel approach in our will done years ago in TX by the law prof specializing in estate law was to setup a committee of the aunts, uncles and grandparentsparents to identify the best guardian at the time. This recognized that while grandparents might be the best choice for young children and the fact the parents siblings were much younger than the parents and not appropriate choices unless the children were much older. I am glad I no longer have to worry about this problem as I would not want any of our siblings to have guardianship due to their poor life choices as they aged.

 

[LdiJ]

I don't know if this is the right place to ask this, but, if a child loses both parents, and another family member has to take custody of the child, how long would that process take and what would the process look like for the child? if the specific state is important, Nebraska.

Temporary custody pending the outcome of a full blown case could happen quite quickly. Judges don't like to leave children in limbo. If no one contests the custody, then permanent custody could also happen quite quickly, for the same reason.