Illinois  |  Family Law

Legal Question

Asked on: 3/25/09, 8:13 pm

If i would die would my ex get the kids

I have full custody of my kids only rights my ex has is visition if i made a living will for my girls to be with my now husband's parents would that fly in court.. there dad lives with his girlfriend has many differnt jobs and cant support himself let alone 2 kids without help i cant even imagine how there lives would be

1 Answer

Answered on: 3/26/09, 9:51 pm by Lesley Hoenig

Re: If i would die would my ex get the kids

The only way it would fly is if your ex happens to agree with it. Parent's rights will trump anyone else's rights unless there is some valid reason why he can't have custody of the kids (living with a girlfriend and changing jobs doesn't cut it typically). But if he is okay with your husband's parents having custody, he can certainly consent to it.

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Lesley A. Hoenig, Attorney at Law 300 South University Avenue Mount Pleasant, MI 48858

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