Legal Question in Family Law in Maine
Assigning parental rights
Two people are getting divorced and they have 4 children. 3 are living with the father who is 62 years old. He wouldlike to ensure the safety of his children if something should happen to him by being able to assign he parental rights to his brother and sister in law in that event. the brother and sister in law are willing but what papers need to be made out to be able achieve this goal. the other daughter is with the 38 year old mother. How can he assign his rights to have others still looking after the best interest of the children on his behalf after his passing even though the mother is still alive?
1 Answer from Attorneys
Re: Assigning parental rights
The short answer is no, unfortunately. As the childrens' natural parent, unless she consents to some other arrangement, the children would reside with her upon the father's death.
There is no simple answer. What the father could consider is drafting a will and including a provision naming his brother and sister-in-law as the children's guardians and conservators in the event a guardianship/conservatorship is required. That way, in the event the mother is unable to appropriately care for the children, the brother/sister-in-law could file a petition to be the children's guardian. Obviously, this is a simplification of the whole process, and we would have to meet to go over the full specifics.
If this is something he would like to persue, please have him give us a call.
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