Q: What happens to my child if I have 100% timeshare but I pass away?
My ex wife has not seen our child since May of last year. In August of last year I was awarded full decision making and 100% timeshare. I am remarried and my wife and child have a great relationship. Would my ex be able to take my child should something happen since her rights have not been completely revoked? Is there anything I can do to avoid that happening?
A: If you pass away while your child is still a minor the default guardian would be the biological mother. Unless she has had her parental rights terminated there is not much that you can do in advance. Look for a consultation with a local family or estate planning lawyer for more specific advice.
1 user found this answer helpful
A:
If your former wife's rights were not terminated she would gain custody of your child in the event you pass away. The only thing that could be done at the time of your passing is that your current wife or another family member could file for temporary custody, guardianship, or adoption depending on the circumstances. If they move forward with any of these options they would need to fight the mother in court.
Some of these options could be taken prior to your passing in the event your health does not allow you the ability to care for your child.
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.
