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Guardianship In Divorce

Family Law Discussion Forum

Guardianship In Divorce

Postby Gilley » Sun Dec 04, 2016 10:49 am

Hi-

My sister is current in the process of divorcing her abusive husband.  He currently has visitation 3 days a week and 1 weekend day - not overnights yet.  My sister is the primary custodian of their 9 month son.  Her estranged husband has a criminal trial pending for a threat of death he made to my sister when she told him she was leaving for a few days.

She has a very real fear that something will happen to her during this process.  She would like to have a will that appoints me as her son's guardian, should anything happen to her.  Would a will like this prevent her son from going to her estranged husband, or would he automatically gain custody of their son if she dies?

Thank you so much!
Gilley
 
Posts: 49
Joined: Sun Mar 02, 2014 8:36 pm

Guardianship In Divorce

Postby Barrington » Tue Dec 06, 2016 4:37 am

Jackie,

DISCLAIMER:

I AM NOT A LAWYER or ATTORNEY. I am someone who has experience in family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your county.

I would recommend that you hire an Attorney to see that similar type papers be filed:

- Will: Within will designate you as Custodian/Guardian of said child if person dies.

- Modification of Custody: Include a Paragraph statement that you become custodian/legal guardian of said child if something happens.

- Modification of Parenting Plan: Modify plan so that ex only has SUPERVISED visitations: PLUS add clause that in case something happens to named Primary Parent that you become legal custodian of said child.

The following information comes directly from the site referenced below:

Three IMPORTANT documents:

Most Americans don't have wills, but that's not the crisis many in the estate-planning industry would have you believe. With a few exceptions -- which we'll talk about below -- most people's quality of life won't be much improved by a will.

That's because your state already has a basic plan for distributing your stuff when you die. You're dead, so what do you care? If who got your CD player and your comic book collection wasn't important enough for you to bother with a will while you were alive, it certainly won't matter to you after you're gone.

What your state doesn't have, though, is an efficient way to take care of you if you're still breathing but unable to make your own decisions because of incapacitating illness or injury.

•   A durable power of attorney for health care, which lets you name who will make medical decisions for you.

•   A durable power of attorney for finances, which designates who'll handle money decisions.

•   A living will, which tells doctors exactly what kind of care you do and don't want to receive if you're terminally ill and incapacitated.(Some states, including Kentucky, Minnesota, Oklahoma, Oregon, South Carolina, Virginia and Wyoming, combine the living will and the durable power of attorney for health care in the same form.)

Fortunately, you can get these documents -- plus a basic will -- drawn up by an attorney for $300 to $500 in most areas.

You can change these documents at any time, as long as you're still competent. You probably should review them about once a year to make sure you're still comfortable with your decisions. That said, there is one group of people who should absolutely, no question, have a will, and that's parents of minor children. Even if you can't agree on who gets the crystal, you need to agree on who would take care of your children in the event of your death. No matter how bad you feel about planning for your own demise, you owe it to your kids to spare them the potentially ugly and drawn-out custody battle that could ensue if you don't make these decisions now. Hope this helps

Kind Regards,

Jeff

REF: http://articles.moneycentral.msn.com/RetirementandWills/PlanYourEstate/3legalPap...
Barrington
 
Posts: 41
Joined: Wed Apr 09, 2014 1:08 pm

Guardianship In Divorce

Postby Everhard » Fri Dec 09, 2016 5:24 am

Hi-

My sister is current in the process of divorcing her abusive husband.  He currently has visitation 3 days a week and 1 weekend day - not overnights yet.  My sister is the primary custodian of their 9 month son.  Her estranged husband has a criminal trial pending for a threat of death he made to my sister when she told him she was leaving for a few days.

She has a very real fear that something will happen to her during this process.  She would like to have a will that appoints me as her son's guardian, should anything happen to her.  Would a will like this prevent her son from going to her estranged husband, or would he automatically gain custody of their son if she dies?

Thank you so much!
Everhard
 
Posts: 51
Joined: Mon Feb 10, 2014 2:14 pm


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