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Custody After Death of Primary Caregiver

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  • 05-27-2014, 07:31 PM
    Dogmatique
    Re: Custody After Death of Primary Caregiver
    JK, the court can, in certain circumstances, award custody to a third party based on best interests. It really does depend on how long it has been since Mom has seen the kids.

    Custody to a non-relative is very rare. But Dad's brother is considered a relative, and depending on the nitty gritty Mom may find herself still being the visiting party.

    - - - Updated - - -

    Quote:

    Quoting lil_butterfly3
    View Post
    I think you are not reading what I say very well, "After he passed and rereading the d papers for like the 100th time it was only then did I and others realize that I had joint custody. " I had more rights than I knew I had. I'm not leaving anything out other than mine and his history and I don't think that needs to be posted being it has nothing to do with anything that is happening now nor does anything that is now past. Right now I am trying to get my kids back with me, the only living parent they have.

    Let me try, folks.

    WHEN DID YOU LAST SEE THE CHILDREN.

    I'm not talking about court orders. I'm not talking about excuses. I'm asking a very, very simple question. And it has EVERYTHING to do with the matter (in fact, it seems to be the ONLY thing at the moment)
  • 05-27-2014, 07:41 PM
    jk
    Re: Custody After Death of Primary Caregiver
    Quote:

    Dogmatique;810245]JK, the court can, in certain circumstances, award custody to a third party based on best interests. It really does depend on how long it has been since Mom has seen the kids.
    I am quite aware of that. Where did I say anything to the contrary?

    but that is why the questions that op refuses to answer. If the brother has temp custody as a temp guardian, no big deal. The children often go with a close relative when a parent dies and the other is not immediately available. What matters is whether op is worthy to actually take custody of the children and, since she doesn't want to help anybody help her, I give up.
  • 05-27-2014, 07:58 PM
    Dogmatique
    Re: Custody After Death of Primary Caregiver
    Quote:

    Quoting jk
    View Post
    I am quite aware of that. Where did I say anything to the contrary?

    but that is why the questions that op refuses to answer. If the brother has temp custody as a temp guardian, no big deal. The children often go with a close relative when a parent dies and the other is not immediately available. What matters is whether op is worthy to actually take custody of the children and, since she doesn't want to help anybody help her, I give up.


    Sorry, I got caught in this:

    Quote:

    If it has been a lengthy time since you have seen them a court may delay you taking custody of them while you are introduced to their life but other than that, you are the parent and unless your parental rights were terminated, they still are there
    All I answered was that Mom getting custody isn't guaranteed at all (even if she plays nice).

    My mistake :/
  • 05-27-2014, 08:05 PM
    jk
    Re: Custody After Death of Primary Caregiver
    Quote:

    Quoting Dogmatique
    View Post
    All I answered was that Mom getting custody isn't guaranteed at all (even if she plays nice).
    /

    I see. While I don't disagree that it could be a problem, unless it has been a really long time AND the current guardian has had a regular relationship with the children, it would be unlikely she not be able to regain custody eventually...

    of course given there is no other reason to disallow custody anyway.;)
  • 05-27-2014, 08:34 PM
    Dogmatique
    Re: Custody After Death of Primary Caregiver
    OP, please answer the question.

    You have quite a few extremely intelligent brain repositories trying to give you an accurate response.
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