Legal Question in Family Law in Washington

Child custody in event of death

My brother is willing to write a letter choosing me as custodian of his 10 year old son in the event of his death or inability to support his son. This son does have a mother he rarely sees & is an alocoholic/drug user with children in her care. The son prefers to live with me because I see him more often than he sees his mother. His mother has never had custody of her son though there never has been a custody agreement between the parents. I provide cloths & a normal home for him on all school holidays & summer. Do I need to have more than a letter from the father to gain custody in the event the father is not able to care for him? My brother is not willing to obtain a signature from his son's mother. He believes she has given up all her rights by giving him custody for their son's whole life - 10 years.


Asked on 6/24/99, 12:31 pm

1 Answer from Attorneys
Andrew Sargent Law Office of Andrew H. Sargent

Re: Child custody in event of death

Your brother needs to see an attorney. A letter will not be adequate if the mother has a sudden attack of conscious. She may agree to let her son live with his father but if the fahter dies she may feel obligated to raise him in her home. Guilt would play a large role. There are things you can do but just agreeing to have the child live with the father may not extingush her parental rights. See a local attorney please.

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Answered on 7/07/99, 4:58 pm


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