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AttyCBradford, Lawyer
Category: Family Law
Satisfied Customers: 643
Experience:  Criminal Defense and Family Law Attorney serving California Statewide
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FAMILY LAW - Conn: GUARDIANSHIP vs. FATHER. I now have SOLE Legal and Physical Custody of my 13 y/o daughter. My daughter is hysterical that she may have to live with her dad if I die. (1) If I die, does her dad have ANY rights with our daughter? I have a Will that states one of my 4 sisters would become her guardian. (2) Do I still need to complete a Pre-Need Guardian form and file with the court? (3) Are there any other safeguards I should consider or use for any of these issues?

AttyCBradford :

Hello! I would be glad to provide you some assistance. In general, a will appointing a guardian will not trump the rights fo a father. HOWEVER, that does not mean that your sister should not file for guardianship. What needs to be done as soon as you pass, is that your sister or one of them, instantly file for guardianship of the minor child. They will have to establish why it is in the best interest of the minor child to be placed in their care and not the fathers, one of which will be based on your last wishes. Therefore, yes, filing a pre-need guardian form is always helpful

AttyCBradford :

(sorry for the delay) So my having SOLE LEGAL & PHYSICAL CUSTODY has NO impact on his "rights as a father" in the event of my death??


(just telling 'system' that I have "replied" so it will process & not force a rating yet)

AttyCBradford :

It will in the guardianship case, but ultimately he could come forward and ask for custody. If his rights have not been terminated, then he still has rights. Simply having "SOLE physical and SOLE legal" does not terminate the other parents rights

AttyCBradford :
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