Custody of minor child upon death


#1

Dear tangled:

Greetings. You need to speak with an estate attorney about what can/will happen in the event of your untimely death. As far as the child support, get some by going through the NC Child Support Enforcement Agency. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#2

Thanks. Do you have a recommendation for an attorney?

Thanks -


#3

Dear tangled:

Greetings again. On our main page, you will find a list of referrals. I have copied the link below for estate attorneys.

rosen.com/ppf/ID/932/referral.asp

Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#4

I do not have a will. My divorce agreement does not specifically state the type of custody I have. The divorce agreement states that I am the primary custodian of my daughter (now 8 yrs old) and it is deemed in the best interest of the child to live with me. Visitation with her father is arranged “as convenient”, which translates to about 5 hours a week. In the event of my death, I do not want my ex-husband to have custody of my daughter. In addition to having a history of being verbally and emotionally abusive (his last girlfriend filed a domestic abuse restraining order against him), he is simply incapable of taking care of her in a responsible manner. Also noteworthy is that he has never paid a dime of child support. I am currently in a committed relationship, and although we are not married, we have two children together. My daughter loves her siblings dearly. In the event of my death, I want her to be able to live in her house with her brothers under the guardianship of either my partner or my parents. Can I make this happen?

Thanks - sdt