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Guardianship to a Family Member

Discussion in 'Child Custody & Visitation' started by ConfusedCustodial, Apr 16, 2020.

  1. ConfusedCustodial

    ConfusedCustodial Law Topic Starter New Member

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    With everything going on in the world, it has me thinking, I have 100% physical and legal custody of my child, the child has visitation with other parent (using gender neutral again for anonymity, so yell away) every other Sunday or a day visit.

    If something were to happen to me, if I had a Will in place, can I name who custody of my child goes to, or who I designate should have guardianship? Since I have 100% legal custody for safety reasons with the other parent, I wasn't sure of what I can do.

    Thanks
     
  2. Zigner

    Zigner Well-Known Member

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    Your will disposes of your various types of property, personal property, real property, etc. I'm sure you would agree that your child is not "property", so you will understand that your will cannot control such things. You can use your will to name a preference for who will care for the child. I would suggest that you speak with a local attorney to find out what (if any) additional steps you can take for your situation.
     
    justblue likes this.
  3. zddoodah

    zddoodah Well-Known Member

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    Is this custody arrangement pursuant to a court order or divorce judgment/decree?

    You can make a will and say anything you like in your will. You cannot, however, bequeath custody or guardianship of your child like you can bequeath a car or a toaster. If you die while your child is a minor (which is what I assume you actually are talking about), and assuming the other parent is still living and has not been stripped by a court of his/her parental rights, custody of the child will go to the other parent by operation of law, and regardless of what you say in your will.

    "Legal custody" relates to the making of decisions about medical care, religion, education, etc.

    If, under the circumstances described, someone wants to challenge the other parent's rights regarding his/her child, that person would have to file a petition to establish a guardianship and convince the court that the other parent is unfit and should be divested of his/her rights.
     
    Last edited: Apr 16, 2020
  4. adjusterjack

    adjusterjack Super Moderator

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    Normally I would move the question to the original thread since your family life is all the same topic. However, that thread devolved into an argument about grammar (maybe my fault for bringing it up) so I'll leave this alone and have closed the other thread to avoid parallel discussions. In the future please keep all your family discussion to THIS thread and don't open any new ones.

    Now back to the topic.

    Just what is it that are the "safety reasons" that you have 100% custody and how long ago were you awarded 100% custody?

    A lot can happen between now and the time you die and there's probably no way to prevent your ex from getting custody of "their" child unless the court becomes aware THEN that "they" are a danger to the child.
     
  5. army judge

    army judge Super Moderator

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    There is NOTHING you can control or dictate once you become a cadaver, corpse, or assume room temperature.

    As far as YOU deciding the custodian/conservator of your minor child (should you depart this Earthly life before the child assumes adulthood), once you're brain dead, no one will attend to your written opinions.

    Now for a happier thought.

    Live your life the best you can, love and nurture your gift from God (your child), and conduct your life such that your only immediate goal is live long enough to raise your child to become a productive, responsible adult member of society.

    You can, however, bequeath to your child as much of your estate as you deem appropriate by a will or a trust.

    I suggest you start a discussion about your estate planning with an attorney you trust.
     
  6. ConfusedCustodial

    ConfusedCustodial Law Topic Starter New Member

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    Sorry I thought new topic new post, I apologize
     
  7. justblue

    justblue Well-Known Member

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    It's all the same basic topic.

    Now...if you have a car accident or get a DUI ...THEN start a new thread.
     
  8. ConfusedCustodial

    ConfusedCustodial Law Topic Starter New Member

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    The more likely scenario for that would be my ex getting another DUI
     

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