Legal Question in Family Law in Illinois
custody of child
if one parent has sole custody of a child, and the parent passes. would the will take priority or would biological parent take priority.
3 Answers from Attorneys
Re: custody of child
A will cannot overcome the biological parental rights. Remember that a child is not a piece of property to be dispensed with in a will.
Re: custody of child
The biological parent has rights, but if the person(s) named as guardian(s)in the will feel they are in a better place to take in the child, they can petition for guardianship with the probate court, and a judge can make the decision. Let me know if I can be of further help.
Sincerely,
Gerald Nordgren
Re: custody of child
1. Best interest of the child;
2. Bio Parent;
3. WIll
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