Legal Question in Family Law in South Carolina

child custody in the event of a death

I have legal custody of my daughter. And my ex-husband has visitation. He does not have a steady home or job and has never had either one of these. In the event of my death, is there any way that my mother, with whom my daughter and I live currently, can get sole custody of my daughter. And is there a type of document I can file now to make that a reality.

Asked on 9/19/02, 8:07 pm

1 Answer from Attorneys

Walter Smith Law Offices of Walter H. Smith
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Re: child custody in the event of a death

South Carolina case law provides that the surviving parent will assume custody. Oeler v. Clinton. However, this is absent extenuating circumstances that might dictate a different result, in the best interest of the child. In your Will, you can designate your mother as the testamentary guardian, but beyond that there is nothing to can do to reach from the grave and direct the issue of custody.

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Answered on 9/20/02, 1:55 pm

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