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JIA

Junior Member
What is the name of your state? Maryland
I'm not married and have 3 children with my partner. In the event of my death could my mother of sister request custody? :confused:
 


Neal1421

Senior Member
JIA said:
What is the name of your state? Maryland
I'm not married and have 3 children with my partner. In the event of my death could my mother of sister request custody? :confused:
Has paternity been established?

The can request anything. If paternity has been established though, they will probably not get it unless there is a reason the kids should not be with their father.
 

LdiJ

Senior Member
Even if paternity has not been officially established its still unlikely that they could get custody. Dad can easily establish paternity.

However, please note that there is nothing in the original post to indicate if it were dad or mom talking. It could be either dad or mom asking the question.

The bottom line is that if one parent dies, custody virtually automatically goes to the other parent, unless the other parent can be proven to be unfit by legal standards. (which is NOT easy to do)
 

pse2001

Junior Member
Even while you are alive

Anyone can request custody of your children EVEN while you are still alive. I have gone through this myself. All they have to do is file for guardianship. But they can only be granted custody if you are an unfit parent and the other parent is not able to take care of them either. But if you don't show up to your hearing, you can automatically lose custody of your children. My mother-in-law has already tried this on me and my husband, thinking that since we had an unreliable car, we wouldn't make it to court, but we did. We lost our children again, however, and are still fighting to get them back. Hopefully your family is more supportive than my husband's and knows you are a good parent and is willing to help if you are having problems.
 

Silverplum

Senior Member
pse2001 said:
Anyone can request custody of your children EVEN while you are still alive. I have gone through this myself. All they have to do is file for guardianship. But they can only be granted custody if you are an unfit parent and the other parent is not able to take care of them either. But if you don't show up to your hearing, you can automatically lose custody of your children. My mother-in-law has already tried this on me and my husband, thinking that since we had an unreliable car, we wouldn't make it to court, but we did. We lost our children again, however, and are still fighting to get them back. Hopefully your family is more supportive than my husband's and knows you are a good parent and is willing to help if you are having problems.
Please don't hijack this thread with your story. Stick to your own thread for that.
 

Shay-Pari'e

Senior Member
pse2001 said:
Anyone can request custody of your children EVEN while you are still alive. I have gone through this myself. All they have to do is file for guardianship. But they can only be granted custody if you are an unfit parent and the other parent is not able to take care of them either. But if you don't show up to your hearing, you can automatically lose custody of your children. My mother-in-law has already tried this on me and my husband, thinking that since we had an unreliable car, we wouldn't make it to court, but we did. We lost our children again, however, and are still fighting to get them back. Hopefully your family is more supportive than my husband's and knows you are a good parent and is willing to help if you are having problems.

What does this have to do with the question the poster asked?
 

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