Legal Question in Family Law in North Carolina

Re: Child Custody/Visitation after death of Guardian Parent

You should have an attorney draft your will. If you have a relatively small estate an attorney could use the will to indicate your choice of a guardian.

I am assuming that you meant to state that you are the "primary residential parent". Generally, then your ex will get legal custody absent a court order terminating his/her parental rights. At the time of your death, even if you designated a guardian, as long as your ex still had joint custody, regardless of your will, your ex will likely gain full custody over the children.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck, Elliot Jay Goldstein (Attorney with offices in Tampa and St. Petersburg)

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.