Legal Question in Family Law in Maryland

after divorce, in the event of the death of the custodial parent, can a will be developed for alternate custody arrangements other thatn the other noncustodial parent


Asked on 8/02/09, 3:46 pm

3 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

We need to discuss the many matters that apply to your question. Alternatively we may need to pursue a change in custody. Contact me to discuss.

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Answered on 8/07/09, 4:15 pm
Robert Sher Wagshal and Sher

The custodial parent can put such language in his/her will, but it would not prevent the other parent from seeking custody in the event of the custodial parent's death. The court would usually give a biological parent preference, unless the noncustodial parent has failed to maintain a relationship with the children by way of visitation, etc.

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Answered on 8/07/09, 4:15 pm
Denese Dominguez Law Office of Denese Dominguez, LLC

The custodial parent can name a guardian of her children other than the surviving biological parent. However, upon the death of the custodial parent, the non-custodial parent will automatically receive custody under MOST circumstances. The courts tend to favor biological parents over everyone else, but there are exceptions. Call if you would like to discuss.

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Answered on 8/07/09, 4:18 pm


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