Legal Question in Family Law in New York
Hi, if a single mother of a child changes her name and loses contact with her family, and she passes away and in her will she wrote that she wants her friend to care for her child, would that be approved by the law if she still has family like parents or siblings? Would the family be notified (even though they are estranged)?
1 Answer from Attorneys
A request for guardianship is only a request. If you remember, in the Michael Jackson situation, although he wanted his mother to take care of the children, the judge didn't have to follow his request. This would have been true even if the Debbie Rowe had previously died. If another relative had come forward, the judge would have heard his/her petition for guardianship.
If she left next of kin information on her hospital records or employment records, it is likely that they will be notified. If the mother did not leave information about her family, it is likely the court will inquire about next of kin. Finally, even if the family is notified and doesn't want to take custody of the child, that does not mean that the court will find the friend fit to take care of the child. The main issue is what is in the best interest of the child.
(Family Law Attorney, also licensed in New York)
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