Legal Question in Family Law in Kentucky
Child Guardianship
My sister has a 3 year old & would like to make it known that in the event of her death that child is to be taken care of by me & my husband not the childs biological father. The father is not listed on the birth certificate yet but he does pay child support sometimes. What kind of form does she need & does the biological father need to sign it?
Asked on 1/20/02, 12:07 pm
1 Answer from Attorneys
Philip Owens
Philip M. Owens, Attorney at Law
Re: Child Guardianship
The biological father has priorty in custody matters and the District and Circuit Courts have the ultimate decision despite will requests if the fatehr constests the custody to you. The Court will do what they can to conform to the deceased parent's wishes but the other parent will get the custody unless the child's best interests dictate otherwise.
Answered on 1/21/02, 7:30 am