Grandparent joint custody of child

[dkultti]

Jurisdiction

Washington

Washington State.
Our son has full cos today of his 8 year old daughter. He was awarded sole custody because the child's mother has a drug addiction. In the custody trial the judge laid out a plan that the mother could follow to regain access and eventually parental rights back. That was a year ago now and the mother has not accomplished a single thing laid out in the court order.
In the event something were to happen to our son we would like to ensure that we would have at least initial custody and full custody unless the mother or some other family member from the mothers side of the family were to petition for custody and it be granted by the court. What is the best way to ensure this? Is our son stating in his will that the child would go to my wife and I sufficient?

 

[justblue]

One cannot "will" a child to someone. Children are not property.

Your son should seek the advice/guidance of an attorney re a standby guardianship.

 

[Tax Counsel]

There is nothing you can do before your son dies or becomes incapable to care for the children that will guarantee you'd get temporary or permanent custody of them. Your son may express his preference in the will, a durable power of attorney, or some other document, which may help you, but in the end the court is going to make the decision based on what the judge determines is in the child's best interests. An attorney should be consulted as to how to best lay the groundwork for you to argue that placing them with you would be in the child's best interest.

 

[dkultti]

There is nothing you can do before your son dies or becomes incapable to care for the children that will guarantee you'd get temporary or permanent custody of them. Your son may express his preference in the will, a durable power of attorney, or some other document, which may help you, but in the end the court is going to make the decision based on what the judge determines is in the child's best interests. An attorney should be consulted as to how to best lay the groundwork for you to argue that placing them with you would be in the child's best interest.

This is helpful. Thank you. Although I can not be sure, I suspect that were something happen to my son that the mother would be unlikely to petition for custody. I believe that the disposition of his estate (which would, in its entirety, go to his daughter. With that being the case and her being a minor I can anticipate where some sort of guardianship would need to be legally determined and that is where we would need to make our case. I think at this point stating his desire for custodianship, and his designating us as his executors and perhaps a power of attorney addressing the issue would be good in that it would clearly represent his interests. Unless something changes dramatically, I do not think the courts would consider it in the child's best interest to be anywhere other than with us. Perhaps the will and the POA would be enough to have the child remain with us until otherwise adjudicated. Again, thank you.

 

[Tax Counsel]

I believe that the disposition of his estate (which would, in its entirety, go to his daughter.

That would be the case under intestacy (dying without a will, trust or other estate planning mechanism to transfer his property) if he was not married at the time he died and his daughter is his only surviving child. He may also do that in his will or by using a trust, again assuming he's not married at the time he dies. If he's in Washington state and is married when he dies, that will complicate things because (1) Washington state is a community property state and (2) Washington law may allow her to elect against the will and take a statutory share of the estate, or provide her some other benefit from the estate.

 

[zddoodah]

In the event something were to happen to our son

I assume what you meant to write was, "In the event our son dies before the child reaches adulthood." Correct?

we would have at least initial custody and full custody unless the mother or some other family member from the mothers side of the family were to petition for custody and it be granted by the court. What is the best way to ensure this? Is our son stating in his will that the child would go to my wife and I sufficient?

You can't ensure anything. A child isn't a chattel. Your son can state a preference in his will, but such a preference isn't controlling. If your son dies before the child reaches adulthood, the court will decide the custody/legal guardian issue based on the facts and circumstances at the time.

 

[leslie82]

Washington State.
Our son has full cos today of his 8 year old daughter. He was awarded sole custody because the child's mother has a drug addiction. In the custody trial the judge laid out a plan that the mother could follow to regain access and eventually parental rights back. That was a year ago now and the mother has not accomplished a single thing laid out in the court order.
In the event something were to happen to our son we would like to ensure that we would have at least initial custody and full custody unless the mother or some other family member from the mothers side of the family were to petition for custody and it be granted by the court. What is the best way to ensure this? Is our son stating in his will that the child would go to my wife and I sufficient?

Did she have her parental rights relinquished or her custody relinquished? They're different.

Your son cannot "will" his child to you. The child isn't property.

If your son dies, and the mother retains parental rights, she still has the ability to get custody OR anyone in her family can file yes. But you could file as well. The court would determine what is the best interest of the child on who should get custody/guardianship IF your son dies. Does the mother's family have contact with the child at all?

If you guys file, they look at the child's relationship with you, your relationship with the grandchild, any existing child custody arrangements of the other parent, any history of criminal activity, DV or child abuse, and really any factor the court deems relevant.

If the mother didn't accomplish the court ruling and your son died, you would probably have a good chance of getting custody. But you would probably need to hire a lawyer to help you through that.

Let's hope your son doesn't die while the child is still a minor and lives a long life to be there for his kid.

 

[leslie82]

This is helpful. Thank you. Although I can not be sure, I suspect that were something happen to my son that the mother would be unlikely to petition for custody. I believe that the disposition of his estate (which would, in its entirety, go to his daughter. With that being the case and her being a minor I can anticipate where some sort of guardianship would need to be legally determined and that is where we would need to make our case. I think at this point stating his desire for custodianship, and his designating us as his executors and perhaps a power of attorney addressing the issue would be good in that it would clearly represent his interests. Unless something changes dramatically, I do not think the courts would consider it in the child's best interest to be anywhere other than with us. Perhaps the will and the POA would be enough to have the child remain with us until otherwise adjudicated. Again, thank you.

If he left her a trust in a will, he would have to make someone who will manage the trust and that doesn't have to be a guardian of the child.

The mother still retains her parental rights and it sounds like all she would have to do is complete the order by the court and she could file for custody.