Legal Question in Family Law in South Carolina
death of legal guardianship
if i have custody of my child and i die and her mother is still alive will she go to her mother even though the judge took away all custody rights because she was sexually abused while in her care or does my wife now get all rights to my daughter
1 Answer from Attorneys
Re: death of legal guardianship
If you die, the mother will have a claim for custody of the child, unless her parental rights were terminated.
Other interested parties/relatives can also petition for custody, and the Court will determine what is in the child's best interest.
If you want someone else to have custody of the child, you need to specify that in your Will.
lThese are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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