Child Custody After The Death Of A Parent
An important consideration that every parent needs to make will be who should have
custody of their children if they die before their children reach the legal age of maturity. The reason every parent needs to think about this grim possibility is simple: your children could end up in the hands of social workers as wards of the state if you do not plan carefully.Many parents assume that their children will automatically be placed with a relative such as a grandparent, aunt or uncle if they die. This is a strong possibility, but is not necessarily the case. Indeed, if a parent dies and no legal provision has been made for their children, the custody can be decided by a family court.
Of course in a two-parent household, should only one parent die, the other parent maintains sole custody. However, should both parents die, or in the case of a two-parent household where only one parent has legal custody of the children (in many states that do not allow same-sex couples to marry, gay couples raising children together must chose which of the two parents will have legal rights), should the one parent with legal custody of the children die, the other parent will not automatically obtain custody of the children.
In most cases, the only standard the family court has to adhere to is whatever is in the best interests of the children. Unfortunately, the best interests of the child will then be up to a judge. If the judge thinks placing the kids in foster care is in the best interest of the children, they would be placed in foster care.
Make Legal Provisions
To avoid this situation every parent should have a legal will that states who will get custody of their children if they die. The person who gets custody should be aware of the will and have a copy of it. If the parent has a family law attorney, the lawyer should also have a copy of it.
The Last Will and Testament should conform to all legal requirements. It should always be notarized. This way there will be no questions about custody and no reason for the courts to become involved.
Another reason why parents should have such a will is that a court could award custody of their children to a relative they do not want to have custody. If a woman does not want her mother to have custody of a child, but the woman dies without a will, the mother could get custody of the child because she is the closest living relative.
A person could avoid this situation by having a Will that grants custody of the child to somebody else. Such a Will could be vital if you want a person who is not a relative to have custody of your kids.
If there is no Will stating otherwise the courts will usually award custody of the child to the closest willing relative who is willing to care for them. This could easily be somebody you do not want around the child.
A simple Will stating who should have custody of your children could save your family and loved ones a lot of grief if you die. If you are a parent living without a Will, think of your children and take the time to see a family law attorney and draft one today.
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