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Question about guardianship/custody in event of parents death

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frylover

Senior Member
What is the name of your state? LA

I have asked and been answered about choosing who will get our kids if we die. I get it....we can't do it. Our opinion isn't worth a darn.

I have also read we CAN set up a standby guardianship. I presume this is to keep the kids out of foster care till a final decision can be made on custody.

My question now is just how closely will potential permanent guardians be investigated? Would it be a matter of "You're a blood relative, you want the kids....cool, here they are." Would they be held to higher standard than just can they put a roof over the kids' heads, food in their tummies and clothes on their backs?
 


LdiJ

Senior Member
What is the name of your state? LA

I have asked and been answered about choosing who will get our kids if we die. I get it....we can't do it. Our opinion isn't worth a darn.

I have also read we CAN set up a standby guardianship. I presume this is to keep the kids out of foster care till a final decision can be made on custody.

My question now is just how closely will potential permanent guardians be investigated? Would it be a matter of "You're a blood relative, you want the kids....cool, here they are." Would they be held to higher standard than just can they put a roof over the kids' heads, food in their tummies and clothes on their backs?
It would probably be closer to the "You're a blood relative, you want the kids...cool, here they are" unless there are competing blood relatives who want the kids.

For example, a parent with joint legal custody wouldn't even have to go to court at all, and might not even have to go to court as long as they were legally the parent.

A blood relative, with no competing claims, wouldn't be likely to be investigated at all. Most likely they would simply have to go to court, state that the children were orphans, and ask to be given custody.

Honestly, only if CPS was involved or unless there were competing claims would any real investigation happen.
 

frylover

Senior Member
That's what I was afraid of.:(

So, I guess we just flatly refuse to die till they are 18:rolleyes: and can't be forced to go with hubby's family:(

Thanks, for answering, LdiJ:(
 

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