Custody and Guardianship

[thetwojanes]

In follow up on my post and the one following it, does custody issues affect with whom a child is placed after the death of a parent, at all? I have sole custody due to his abuse to me and to his current wife in front of my child.

It just doesn't seem logical or reasonable that a court would find a previously unfit parent, fit, just because the other parent has passed away. Especially if the sole custody parent has made it plain in a will where the child should go, and there is appropriate family willing to take the child.

If the law is so unlogical then how do you suggest we go about changing it? Would talking to our state legislators be the place to start?

[aaron]

You should consult a family lawyer in your state about the possibility of having paperwork drafted and ready to file, such that a responsible third party who is willing to assume the responsibility (e.g., grandparent, close friend) is positioned to petition for a guardianship in the event of your death or incapacity. Perhaps your state has a procedure that would make that easier.