Legal Question in Family Law in Michigan

single parent dying

Our son is a single parent who just gained custody of his one yr old daughter. The mothers rights are terminated. He needs to make a will so that the state can't take her back if he dies. She has been a ward of the court,until he gained custody. He wants us (his parents) to raise her if he dies. We are 60yrs & 62yrs. old and very active. Can this be made a binding legal contract(agreement)?

Thank you

--name removed--


Asked on 12/28/05, 7:42 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: single parent dying

Since the child is not a piece of property, the child cannot be deeded to anyone in a will. All he can do is express his preference as to who raises the child. The court has the ultimate say as to what is in the child's best interests. There is a presumption that the child belongs with family. William S. Stern

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Answered on 12/28/05, 8:09 pm


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