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I am a grandfather. I have full custody of my grandson. If

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I pass away. I would...
I am a grandfather. I have full custody of my grandson. If I pass away. I would like my domestic partner to have custody of my grandson. What do I need to do?
Submitted: 6 years ago.Category: Family Law
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Answered in 1 minute by:
2/1/2011
Family Lawyer: P. Simmons, Lawyer replied 6 years ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,245
Experience: 16 yrs. of experience including family law.
Verified
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Where are "mom and dad" in this picture? Are they still both on the child's birth certificate? Would they agree to your proposal?
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Customer reply replied 6 years ago

Yes there names are XXXXX XXXXX birth certificate. My son, his dad is in jail, again. His mom is a nutter. She stay on the move. No contact. I think the son would go along.

Family Lawyer: P. Simmons, Lawyer replied 6 years ago
Thanks

Then it sounds like you have a decent shot. I assume that your partner lives with you and the child and is a big part of the child's life?

That is the key. If you die, the court would place the child with a person to care for the child with one consideration...and really only one consideration. "what is best for the child". If your partner is involved in the day to day raising of the child, the court is much more likely to allow them to raise the child, vice a dad in jail, a mom who is not able to or some foster family.

SO, you ask

If I pass away. I would like my domestic partner to have custody of my grandson. What do I need to do?

 

 

Answer: Put this in your will. When a child's parent or guardian dies, the court will look to the will to determine their (the parents) desires. The court is NOT obligated to follow the parents wishes...as I mention, the court is concerned about what is best for the child only, but the court will look to that parent or guardians desires as a starting point.

 

SO, assuming your partner is part of the child's life now? If you put in your will your desires, that would go a very long way to get he court to grant custody to your partner, should you pass away.

 


Let me know if you have more questions

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Customer reply replied 6 years ago
Yes she has been doing the job of mom, for about 4 years. Thanks.
Family Lawyer: P. Simmons, Lawyer replied 6 years ago
Welcome. It sounds like you have what you need. Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,245
Experience: 16 yrs. of experience including family law.
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P. Simmons
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Category: Family Law
Satisfied Customers: 35,245
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