User CP
New posts
Advertising
|
||||||
| Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce. |
 |
|
|
Thread Tools |
|
#1
03-25-2008, 09:19 PM
|
|||
|
|||
death = custody???
I am getting ready to do up a will and want to know about custody. The ex hasn't seen our son in 4 months but has been paying support therefore I have de facto custody. So if I die does that mean that the ex will get custody even if I name a friend as my son's guardian?
|
|
#2
03-25-2008, 09:39 PM
|
|||
|
|||
|
country girl,
defacto custody means that you have the authority to act since the child lives with you and the other parents authority to act is suspended but NOT ended. Both parents still have the same standing to be equally entitled to the incidents and responsibilities of custody until a separation agreement or court order provides otherwise. In the event of your death with defacto custody, your will and last testament will have no effect on the guardianship of your child. The other parent could more or less step in. Even in a situation whereby you had Court ordered legal sole custody of your child and a guardian was named in your last will and testament; the other parent could easily bring forth expedited action of custody as your death would construe to be a material change of circumstance for your child. The courts would have to apply the best interest test as enumerated to determine the child's future care arrangements. lv |
|
#3
03-25-2008, 10:53 PM
|
|||
|
|||
|
thanks for clearing that up lv. it pretty much what i thought it would be.
country girl |
|
#4
03-26-2008, 12:59 PM
|
||||
|
||||
|
I agree with LV.
I searched the case laws and even in the presence of a will, the courts ultimately award to the remaining parent. In the cases where both are alive the courts pick the best suited to the child's best interests. Once one no longer is alive, the other then becomes the primary. This could be disputed by another family member, but I doubt a court would not give custody to the other parent, unless it could be shown that without a doubt this parent was unfit to parent. |
|
#5
03-26-2008, 03:25 PM
|
|||
|
|||
|
child support
Have you asked for child support. If not ask today. The courts do not like to award child support prior to the date of the first request. You may have lost the child support for last four months. Ask for it today and the ex will start paying or owing.
|
|
«
Previous Thread
|
Next Thread
»
| Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | |
| Thread Tools | |
|
|
Similar Threads
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| The Best Interests of Children: An Evidence- Based Approach | WorkingDAD | Divorce & Family Law | 13 | 01-12-2013 09:15 PM |
| Joint Physical Custody: Smart Solution or Problematic Plan? | WorkingDAD | Parenting Issues | 19 | 09-17-2012 06:38 AM |
| definitions of custody and guardianship | fozzie | Divorce & Family Law | 2 | 05-06-2011 11:57 AM |
| Joint custody - questions & answers (US) | first timer | Parenting Issues | 0 | 03-20-2011 12:07 AM |
| Custody Disputed | Decent Dad | Political Issues | 2 | 06-26-2006 09:05 AM |
All times are GMT -4. The time now is 06:55 PM.