Legal Question in Family Law in Missouri
I am looking at my second round of breast cancer, my husband and I are seperated, he is looking at a felony drug charge and animal cruelity.What papers should I file for someone else in the family to take care of our children if something happens to me?
2 Answers from Attorneys
Best wishes for you on your battle against cancer. Obviously the father would have custody of the children if they are not emancipated. There is a statute that allows the Court to place custody with a third party where both parents are unable, unfit, or unwilling. But, you would need to file the lawsuit and obtain that Order during your lifetime. There may also be legal relief through an action for Guardianship in the Probate Court. Unfortunately, there is no simple form to sign. Feel free to contact me directly if you would like a free telephone consultation.
A Power of Attorney for the care of the children would work.
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