Legal Question in Family Law in Florida
Custodial parent dying of cancer
I divorced my first husband when our daughter was 3 and have had primary residential custody/shared parental responsibility which has worked out well. I remarried when daughter was 4 and 2 years later had another daughter who is now 2. I have just been diagnosed with metastatic cancer and may only have a few months to live. I want my 8 year old to remain in my house with her stepfather and sister in the same child support arrangement that I have with ex-husband now. Is this how it works by default? Or will her biological father be given custody by default? Both fathers are good to her, but I want her to grow up with her sister and my vast family network (ex is a loner with only his mother in the area, she is good to my daughter too) and to have as little disruption as possible in her life. What kind of lawyer can I see to make sure my wishes are followed through for the lives of my children after I am gone?
2 Answers from Attorneys
Re: Custodial parent dying of cancer
Unless an agreement can be worked out, it will be up to the court when and if the situation arises. The best interests of the child will dictate.
Re: Custodial parent dying of cancer
Unless he relinquished his parental rights, the biological father is still the legal guardian of the child (even though you have full primary care). "By default," he would get "custody" of your older child. A court will only order otherwise if someone else petitions to be her legal guardian and/or the court finds that it is in the best interest of the child to deny her biological father custody of his child (difficult case to make under normal circumstances, and even more so if, as you say, he is "good to her"). I would recommend talking to your ex-husband about facilitating visitation with your younger child and current husband in the future and trying to start a cooperative effort.
My best wishes to you and your family.
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