What is the name of your state? massachusetts , my sister passed away, she was the custodial parent, the children,15 and 13. live in the house with her boyfriend and have for 10 years or more. the kids do see their dad on weekends, but now the dad says the kid have to go live with him. the kids love him but do not want to live with him,the kids want myself, (aunt) or my sisters boyfriend to be thir legal guardian. the dad is threatening to have the cops take the kids out of their home etc.
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custodial parent dies
- Thread starter ecliffu2
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Upon the death of the custodial parent, the surviving biological parent automatically 'inherits' all control and custody of his/her children. The only way to alter this is for an interested party to file a custody suit and have the court determine the new custody arrangements.ecliffu2 said:
stealth2
Under the Radar Member
Unless Dad is horribly unfit, the kids are going to be living with him. I'd urge you to be very cautious of pushing a custody issue as it may cause Dad to cut all contact with the kids - and neither you nor the b/f would have any recourse.
I am sorry for your - and their - loss.
I am sorry for your - and their - loss.
NCP automatically gets custody
I am wondering if this is valid in all states except for GA? My sister's Ex passed away 6 months ago and the SM of 2 months went to court right away and got TCO for my niece and nephew (14 & 15 yo).
It was a messy 3-way custody battle between my sister (BM), SM, and my oldest step-niece (age 21). Due to the fact that my sister didn't file contempt charges and didn't exercise her visitation for the past few years she lost in court (she had priors in her background as well with drugs and all).
I know that GA does allow the child to decide at age 14 according to their laws. So niece (14) stayed with SM and nephew (15) decided to live with his sister.
My parents and I did speak to a GA attorney on getting custody of them and the two of them moving down here (their choices) but the GA attorney told me as an Aunt I would have a very hard fight even if the children wanted to reside down here.
I am wondering if this is valid in all states except for GA? My sister's Ex passed away 6 months ago and the SM of 2 months went to court right away and got TCO for my niece and nephew (14 & 15 yo).
It was a messy 3-way custody battle between my sister (BM), SM, and my oldest step-niece (age 21). Due to the fact that my sister didn't file contempt charges and didn't exercise her visitation for the past few years she lost in court (she had priors in her background as well with drugs and all).
I know that GA does allow the child to decide at age 14 according to their laws. So niece (14) stayed with SM and nephew (15) decided to live with his sister.
My parents and I did speak to a GA attorney on getting custody of them and the two of them moving down here (their choices) but the GA attorney told me as an Aunt I would have a very hard fight even if the children wanted to reside down here.
If the Father has any offical custody (a court order) then the children will go to him. If he does not have any offical custody then he will have to petition the courts for it. The family could petition as well. A Judge will determine who will get custody. Most States have parental presumption. A biological parent will be the presumtive custodial choice. If the father does have or gets official custody then if I were you I would petition the courts for visitation rights immediately.
The best advice I can really give you is please contact a real lawyer. These forums can be misleading
The best advice I can really give you is please contact a real lawyer. These forums can be misleading
Look at it from this point of view ---- and I don't in any way mean for the bluntness of this to sound disrespectful ---- Mom passes away and Dad attempts to assert his parental rights and be CP.
Boyfriend and Aunt fight him on this and interfer with his rights. Pushes it so it has to go through the courts. When dad gets everything cleared and has the kids (unless he is unfit, will probably be the outcome), Aunt and Boyfriend want to see the kids.
What's the odds of that happening????? Dad would have to be a really caring individual and understand that people do things when they are scared and mourning that normally they wouldn't do. But he could be spiteful and say, so....
Boyfriend and Aunt fight him on this and interfer with his rights. Pushes it so it has to go through the courts. When dad gets everything cleared and has the kids (unless he is unfit, will probably be the outcome), Aunt and Boyfriend want to see the kids.
What's the odds of that happening????? Dad would have to be a really caring individual and understand that people do things when they are scared and mourning that normally they wouldn't do. But he could be spiteful and say, so....
Actually, they can file a custody lawsuit challenging the change in the original order if it is for the benefit of the children. The court will then appoint a guardian/attorney 'ad litem' for the children who will represent their interests in the process. Then, if the court finds that the surviving biological parent is unacceptable, the court can render custody to another.stealth2 said:
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