Legal Question in Family Law in Michigan

child custody after death of one parent

I need to know if I should die, while my child is a minor ( she is 8yrs old now ) would my ex husband automatically get custody of her?. I got a divorce because of physical abuse and his drug usage. When I left Michigan he was subject to supervised visits and I left the state when he kept threatning me. He has not seen my daugther for over 6yrs.Is it possible that I can choose someone to become her guardian and how much will the courts take into consideration my request?

Thanks for your help.


Asked on 6/15/02, 4:27 pm

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: child custody after death of one parent

Technically, a parent has rights to the child.

However, since he has not seen the child in many years, I would do estate planning documents that put in writing your wishes.

Lastly, if you currently have a terminal illness or have reason to believe that you might die soon, then I would recommend that you go into court and get another person to named the caregiver (aka called a conservator - there are different types that exist in Texas) for the minor child.

I used to do a lot of AIDS cases and often with a very ill mother, we went into Family Court and got a non-relative or relative appointed a possessory conservator or managing conservator. That legal relationship survives the mother's death and gives the conservator a right to continue to raise the child.

Good luck!

Read more
Answered on 6/17/02, 9:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Michigan