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Family Law Answers, Family Law Attorney
Category: Family Law
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Experience:  more than 16 years experience as an attorney - current family law litigation + mediation practice
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can i transfer my custodial rights to my family if somethyng

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can i transfer my custodial rights to my family if somethyng is to happen to me in which i am incapable due to illness or deth?

Hi and thanks for your question.


If you are the sole legal and sole custodial parent then you can make the decision about who should take over custody/guardianship of your children if something is to happen to you; however, if there is another legal parent in this situation with custodial and parental rights, then that parent will have to agree to this decision you make to transfer your parental/custodial rights; if there is no agreement, then the dispute will have to be decided by the court.


I hope that this answers your question; if so, please click the green Accept button. Thanks very much and I wish you well.

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