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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7071
Experience:  Experienced Family Law Attorney
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My daughter is living with a man. She has one child from a

Customer Question

My daughter is living with a man. She has one child from a separate father who is in prison. She has a child together with her boyfriend but are not married. If anything should happen to my daughter, who would first receive custody of the children or both children.
Submitted: 5 months ago.
Category: Family Law
Expert:  LegalGems replied 5 months ago.
Has paternity been established with either of the fathers?
Expert:  LegalGems replied 5 months ago.
If paternity has been established, then that person would be given priority in the event of the death of the mother. If paternity has not been established, the father can petition the court for an emergency order, and then they can award custody to that person once the paternity is proven. If the person is unable to care for the child (prison) that person may execute a power of attorney so that another person may care for the child. One's estate plan (will or trust) can also name a legal guardian of a minor child; while this is not a guarantee that the court will agree with that request, courts tend to do so, absent a valid reason as to why it is not in the child's best interest. However, if the father is fit and competent, then the father is typically given priority.
Expert:  LegalGems replied 5 months ago.
More information here: Further questions? Please post here to continue the chat. Satisfied? Kindly rate positively so I receive credit for assisting you.(no additional charges are incurred). Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.
Expert:  LegalGems replied 5 months ago.
Checking in while the question is still open to see how things worked outHave a great day!

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