Siblings custody in time of only parent passing?

[Shinobigatana]

In the event of Mother's passing and it is the last parent alive. Can her Will dictate who will get custody of her younger daughter, 14yrs old, if her older daughter of 24 yrs is of sound mind, body, and financially stable, and is to be the recipient of the custody, but the Will states she cannot not have custody if she is still engaged and or dating someone whom her mother dislikes. Can the older daughter be denied custody because she is with this person?

 

[irish223]

Possibly. The custody generally has to be court ordered in the event that both parents have passed. If another relative requests custody, the judge would consider all factors, including your mother's will, to make the decision.

 

[lonelyinny]

child goes to dad

In the event of Mother's passing and it is the last parent alive. Can her Will dictate who will get custody of her younger daughter, 14yrs old, if her older daughter of 24 yrs is of sound mind, body, and financially stable, and is to be the recipient of the custody, but the Will states she cannot not have custody if she is still engaged and or dating someone whom her mother dislikes. Can the older daughter be denied custody because she is with this person?

children are not property and cannot be willed. usually the surviving parent has greater rights to custody then anyone else. and the child doesnt get to choose untill shes 18 whom to live with.

 

[Proserpina]

children are not property and cannot be willed. usually the surviving parent has greater rights to custody then anyone else. and the child doesnt get to choose untill shes 18 whom to live with.

In this case there would be NO surviving parent - as per the original post.

 

[irish223]

children are not property and cannot be willed. usually the surviving parent has greater rights to custody then anyone else. and the child doesnt get to choose untill shes 18 whom to live with.

Are you aware that this thread is 18 months old?????

 

[cindyg43]

My ex is dying and I have been living in canada for 5 years now and havent seen my 17 year old son. I know he (Ex) hasnt made a will and I also know that my brother is trying to get custody of him . Im wonderring if I have any chance of gaining custody of my son. any info at this point will be helpful thanks! They reside in California!

 

[Proserpina]

cindy, if you start your own thread it'll be much easier to help you