Legal Question in Wills and Trusts in Missouri
Child custody upon death of a divorced parent.
My daughter is a single divorced parent who wants to know the correct legal form to use to be sure her children are raised by the person she designates in a living will, (other than her ex-husband who is abusive) or whatever form is necessary.
1 Answer from Attorneys
Re: Child custody upon death of a divorced parent.
There is no such form. In Missouri when one parent dies the other parent takes custody of the children. She can provide in her Will that someone else serve as guardian for the children in the event that she dies, the father having predeceased her. If the father is really that bad, she could attempt to have his parental rights terminated either through the courts or through the Division of Family Services perhaps. Then, if the father's parental rights have been legally terminated, she can name someone else in her Will to serve as guardian for the children in the event she dies while any child is yet to be emancipated.
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