Legal Question in Family Law in New York

Appointing alternative custody

If 2 parents are unmarried and have 1 child in common with one parent granted sole custody, and that parent dies - does that mean that custody is automatically transferred over to the non-custodial parent. I am concerned about my son's upbringing while I have sole custody, what if something happens to me - I want to make sure he continues his childhood under the care of someone responsible. (1) Because I have sole custody, can I appoint an alternative guardian now while I'm healthy, to ensure my son's upbringing by--name removed--responsible person or would that be up to--name removed--judge?


Asked on 7/08/03, 11:38 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Appointing alternative custody

I hope you are well and not in declining health to address this question. In answer to your question, you may have any person approved by the court in the guardianship application appointed to care for your child in the event of your passing. However, if the child's father seeks to contest this and desires custody himself he will have initial credibility with the court. You are welcome to a consultation at no charge at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 7/08/03, 5:43 pm
Seth Kaufman Seth M. Kaufman

Re: Appointing alternative custody

You can try appointing anyone you want as guardian in the event of your death but, all things being equal, the court will favor custody by the other parent. The court will need to find "extraordinary circumstances" against the parent before considering whether the appointment of a non-parent custodian is in the child's "best interests." Call me at 212-367-9167 if you wish to discuss this further.

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Answered on 7/08/03, 2:29 pm


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