Got a question...

[JaneyS4]

What is the name of your state? GA

How does one go about gaining custody of a minor relative in the event of the parent's death? For instance, if my sister and her husband died, my mother or I would be considered immediate family, right? Well, what we have to do to gain legal custody of their child?

(Curiousity about this question is because we had been discussing who would take each other's children in the event of death. We all realize that immediate family gets first rights, but no one knows the legal procedure to do it)

 

[ChevyGirl]

The only way you make absolutely positivly sure that those kids would go to you if their parents pass on is to have it in the parents will. They need to have a will drawn up that states that the children go SPECIFICALLY to you. You never know how the system is going to work things out with kids when their parents pass on, so this is what I would have them do to ensure that you care for them if something happens.

 

[JaneyS4]

Chevy, the will part is no problem, but IAAL has said on here a number of times that a will does not guarentee that your child goes where you want them. Immediate family has first "dibs" on your kids. But see, I am immediate, and so is my mom. What I need to know (well I don't NEED to, but I'd like to) is what legal procedures I'd have to go through.

We all had legal wills drawn up several years ago with provisions for our kids and where we'd like to see them, I just have a feeling there would be more to it for the court to recognize us as legal guardians, custodians, or whatever.

 

[ChevyGirl]

Sorry, I wish that I could help you more. I know that here in Missouri it doesn't work like that. The only way to make sure that your children go to who you want them to is to have it in the will. Sorry I couldn't help you more ! hey, I know, move to Missouri. Just kidding. ha ha

 

[JaneyS4]

LOL, you know the last time I moved, when we bought our house, I SWORE I'd never move again. Too much stuff!

Thanks, and you may actually be right. I'll have to research the state laws...or call a lawyer, hehe. I'll let you know what I find out.

 

[JaneyS4]

Found this:

http://www.nolo.com/lawstore/produc...9D-DB2E-4EB9-8782E5E55E0CE9CB/sampleChapter/3

1. Custody of Your Children
If the other parent is involved and survives you, that parent will normally take custody of the children. In your will, you can nominate someone to serve as the child's "personal guardian" if there is no other parent involved, whether because the parent has died or abandoned the child. Your nomination is not binding on a court, however, because children are not property, and cannot be willed to someone. But if custody is not contested, which is true for the great majority of cases where a child's parent or parents die, the judge will routinely confirm the expressed desires of the deceased parent.

SO I guess the legal part would be just a regular petition for custody? Anybody?