Legal Question in Family Law in Mississippi
Custody of minor
My wife's dad has been given 3-6 mths to live. Her mom has been dead since 1994. Her dad remarried about 10 yrs ago. She has a brother still living at home (he is 16). My wife and I live in Ohio while the rest of her family still live in Mississippi. Legally, who would retain custody when her dad passes away? The stepmom? One of the other siblings? Can we get custody? Is he of age to make his own decision. Thanks.
2 Answers from Attorneys
Re: Custody of minor
Your issue is probably best answered by a MS attorney - they likely have jurisdiction over the issues.
See a family law or estate planning lawyer (or better off, one that practices in both areas). A will would likely take care of the issues, but a family law specialist may advise that custody be 'transferred' to you before the father's death.
Re: Custody of minor
Your father-in-law could write a will naming a guardian. Yes, at 16 he is old enough to chose but the Chancellor is not bound by his decision, because the Chancellor must do what he deems is in the son's best interest. As a blood relative, your wife has a chance at custody. It would be easiest if this was discussed now and a will executed if for no other reason than guardianship.
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