Legal Question in Family Law in Kentucky
Custody of a child after the death of custodial parent
My sister asked me that if she passed away, if I would take her three children. Two of the children lost their father to cancer 2 yrs ago, but her youngest childs father does not pay child support, pops in and out the picture, and has been in trouble with the law. What will I need to do if my sister did pass away? What kind of rights will the father have?
1 Answer from Attorneys
Re: Custody of a child after the death of custodial parent
Under Kentucky law, the surviving parent has the right to his/her child in the event of a death of the other parent. What you can do is have your sister draft a will that names you as guardian of the children in the event of her death and gives you the right to pursue formalizing guardianship in the courts. If the dad objects, though, you would have to demonstrate that dad is unfit to parent the child to prevail.
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