Legal Question in Family Law in Kentucky
My mother is a very sick women who has a minor child, who is my half sister. Her father has not been in her life in about 6 years and she is now 9. I was wondering if there is anything my mother and i can do before something bad happends to her, to make sure that I get custody of my younger sister and so her father can not try to fight me for her??
1 Answer from Attorneys
For starters, she will definitely want to make a will and a durable power of attorney which designate you to be the guardian. It is debatable whether that will ultimately keep him out of the picture, but it is definitely something she should do for so many reasons. It would certainly help in the outcome if he never shows up if something bad happens to your mom. She could do those two things herself, but it would be a much safer/better idea to have an attorney do it considering the nature of these circumstances. She should be able to get that done by an attorney for only a few hundred dollars.
You could also ask the father to voluntarily terminate his parental rights if you think he would do it. If you dont think he would do it voluntarily, you could try to do an involuntary termination, but he would still have legal rights. In either case, you run the risk of bringing this whole situation with your mom to his attention if he is not already aware of it, in which case he might decide to begin the battle now rather than later. Of course, you would want to consider child support through all of this too. If he is paying child support and consents to terminate his rights, his obligation to pay future child support would likely end.