In Case of an Emergency...Who Gets Custody?


I have sole custody of my two kids, have been divorced for 2 years, I do not receive any financial support and their father has failed to abide by the parenting agreement requirements that would allow him to have visitation–as a result, he has not seen the kids in over 2 years. Being the sole caretaker for my 5 and 6 year old, I worry about what might happen to them if anything were to happen to me. What can I legally do to ensure my childrens’ well-being in case anything happens to me and I am unable to care for them?


In order to prevent them from going to their father, you would have to have his parental rights terminated. Based on the facts of this case, you have a shot at doing so.


If I were to have a will written out saying that I would like my children to live with/be cared for by a certain relative (ex: my brother and his wife), and if something were to happen to me, it sounds to me that this request not be honored if their father still had his parental rights and wanted the children with him. Am I understanding this correctly?


That is correct. Unless and until his parental rights are terminated the children would go to him.


Thanks for answering my question!


You are most welcome. I wish you the best!