Custody of Child in Event of Death

In the event of your death it will be up to a court to determine who should have custody. A natural parent will only be denied custody if the natural parent is unfit (a tough thing to show). You can leave behind your wishes but they are not conclusive on custody.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

I have a 9 year old daughter who sees her father a day or two every three months or so. She spends very little time with him. We have been divorced for about two years. She is going through anxiety about what will happen to her if I should pass away. She does not want to go live with her father because he lives with a woman she does not know and he is away from home with his job 10 out of 12 months a year. He lives in hotels and would not be able to take her with him. Therefore she would be living with a stranger. To ease her worry, I would like to have it set up for custody of her to go to my parents (who she spends lots of time with and is very comfortable with)in the event of my death. Is this possible? I have heard that if there is someone she spends more time with than her biological father and they are willing to assume custody - it can be arranged. Is this true? Also, do I have to have my ex’s permission to do this or since I have full custody of my daughter, can I do it without his consent? Her counselor has suggested that I do this to help ease her anxiety. Thank you for your help!!