WittyUserName
Senior Member
What is the name of your state? Idaho (wow we are well-represented here these days...)
Please weigh in on the following:
Dad and Mom go to court, Mom gets sole custody both physical and legal.
Dad gets agreed-upon visitation in his state of residence.
If Mom were to die unexpectedly, would Dad then get custody?
I say yes, although because parents were not married a trip to court would be in order. Dad would need to get judicial stamp of approval, but provided he was a fit parent there would be no reason not to consider him first. (I do think possibly the grandparents might have a case to argue for some visitation, although since Troxel that's even up in the air.) Dad would have an especially strong case if he actually exercised his right to visitation consistently in the years/decades preceding my untimely demise.
Dad says no, that if I die with sole custody then anyone could petition to get custody of daughter. He would lose all right to custody in the event of my death.
I think he's getting erroneous legal info. So I thought I'd throw it up in the air and see if a senior or two could shoot some holes in it.
Thanks for your advice.
PS - Couldn't something be written into a parenting plan addressing this? Some clause saying that in the event of a CP's death, custody would revert to an NCP?
Please weigh in on the following:
Dad and Mom go to court, Mom gets sole custody both physical and legal.
Dad gets agreed-upon visitation in his state of residence.
If Mom were to die unexpectedly, would Dad then get custody?
I say yes, although because parents were not married a trip to court would be in order. Dad would need to get judicial stamp of approval, but provided he was a fit parent there would be no reason not to consider him first. (I do think possibly the grandparents might have a case to argue for some visitation, although since Troxel that's even up in the air.) Dad would have an especially strong case if he actually exercised his right to visitation consistently in the years/decades preceding my untimely demise.
Dad says no, that if I die with sole custody then anyone could petition to get custody of daughter. He would lose all right to custody in the event of my death.
I think he's getting erroneous legal info. So I thought I'd throw it up in the air and see if a senior or two could shoot some holes in it.
Thanks for your advice.
PS - Couldn't something be written into a parenting plan addressing this? Some clause saying that in the event of a CP's death, custody would revert to an NCP?