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
0 users found helpful
0 attorneys agreed

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.

Read more
9/20/02, 1:55 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina

Looking for something else?

Get Free Legal Advice

88263 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Michael E. HendricksonAttorney & Counsellor at LawAlexandria,
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now