Seattle, WA asked in Family Law and Child Custody for Washington

Q: Can my son's ex-wife get custody of his daughter, even thought she is not her mother,if something happens to him?

If so, how can he guaranty that his mother gets her and not the ex-step mother? They have been divorced for over three years and the step mother has no rights to her for visits or anything else.

Related Topics:
1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Divorce Lawyer
  • Beaverton, OR
  • Licensed in Washington

A: If your son's ex-wife has had no contact with the child for more than three years, it is highly unlikely that the court would award her custody of the child. If your son dies, the child's mother, as the surviving biological parent, would have a preference in obtaining legal custody. If the bio mother is unfit or other circumstances exist that are highly detrimental to the welfare of the child, then the court would consider awarding custody to a third person. Your son should prepare an estate plan that includes his preference for guardian of his child in the event of his death.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.