Legal Question in Family Law in Minnesota
If both parents have joint legal and joint physical custodial battle finished and the finished verdict set in place already, is there a way (if both parents agree) to give our half of the rights to one person should one of the biological parents die?
We understand that children are not property or objects, but we both agree that we would not want for one of us to pass away and the deceased parents half of the family get cut off completely due to the fact the living parent would get full custody.
We both want our children to continue being able to keep the deceased parents family included in our children's lives, and try to move on as normally as possible. These people have fallen in love with our children and our children love them too. To take them away from either side would be a devastation and it would make it harder for them to move on. It would also be hard for the living parent to juggle everyone who wants to be part of our children's lives.
We both (biological and legal parents) talked about this issue together and we want to be able to choose just one person on our side to take on the decision making and half (custodial) rights role, but we don't know how to go about documenting it legally.
1 Answer from Attorneys
I think the best way to do what you want is use a Standby Custodian designation as well as a Stipulation and Order signed by everyone involved that can be filed with the Court in the event of a parent's death. However, if everyone is in agreement as to how things are to be, there is no need for the Court's involvement and thus you could use a Delegation of Parental Authority.
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