Salt Lake City, UT asked in Child Custody for Idaho

Q: My childrens father has passed on and i need to know who i contact to step foward and get custody

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Divorce Lawyer
  • Boise, ID
  • Licensed in Idaho

A: If you and your husband's children were not adopted by you, then you are in the same position as I would be, if I petitioned to be his children's guardian. You are in a very tough position and likely to hear from your husband's brothers and sisters, possibly parents, who will want to be the children's guardian(s) now. You definitely need an experienced attorney to put your Petition for Guardianship before the Court and elaborate how long you were in the children's lives before their father passed away, and point out that you are bonded and that it would be in the children's best interests if guardianship were given to you! Always put any petition language in terms of what you see as the children's "best interests" and not your own. Good Luck to you!

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