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Is Parental rights more important than custody. My aunt and…

Customer Question
Is Parental rights more...

Is Parental rights more important than custody

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

My aunt and uncle divorced and my aunt has full custody rewarded to my cousins back in 2011. The court has has also found the father unfit to take care the children. She passed last week and child services had to step in and give temporary foster care to my brother who lives in the same state of my aunt. At child protective services, my uncle agreed to give custody to my mother as long as he keeps parental rights. My concern is two-tiered. Does parental rights mean that he can file for custody when he is ready and does these rights also hold bearings with my aunt's life insurance, which will go to my cousin's?

Lawyer's Assistant: Family law varies by state. What state are you in?

This case is in New York but my mother lives in CT. which is why they gave my cousins to my brother who lives in NY

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not off the top of my head but I need to know this very quickly

Submitted: 8 months ago.Category: Family Law
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Answered in 11 hours by:
12/21/2017
Family Lawyer: Sue, Family Law Attorney replied 8 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 629
Experience: Family Law litigator for over 35 years
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Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 8 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

When your uncle was found unfit, did the court terminate his parental rights at that time? Have you seen that order?

If not, yes, retaining parental rights means that he can file for custody when he is ready. People retain parental rights even when their ex-spouse is awarded full legal and physical custody. However, given the history you recounted, it's would be hard for him to try to get physical custody, since the children have been out of his care for so long.

Retaining parental rights should have no effect on your aunt's life insurance. That's the result of a contract between your aunt and the insurance company.

It will be important for your mother to make sure she has an ironclad agreement or court order awarding her full physical and legal custody of your cousins.

Does that answer your question to your satisfaction?

This thread remains open about a week, so if you have other questions, please let me know.

My goal is to provide you with excellent service. I hope I have provided you the information you were seeking. If you’re satisfied with my assistance, your 5-star rating at this time is most welcome. If you need more help or have any further questions, please do let me know so I can continue to assist you.

I'll have to go off line for a while, but I'll check back within 24 hours.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 8 months ago

Checking back in - was the information provided helpful?

Is there anything else I can assist you with?

Sue

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