Legal Question in Family Law in South Carolina

What would happen with my son if i were to pass away i have legal custody? Would he go to his father or is there a way I could have it so he would go to my sister. What steps to I need to take to make this happen

Asked on 3/14/13, 10:02 am

1 Answer from Attorneys

Barbara Strowd Barbara A. Strowd, Attorney at Law
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If you were to pass away, your son would go to his father unless the father is unfit. If father is unfit I would suggest that you name your sister in your will as the guardian for your son. Tell your sister what you are doing and let her know that she will need to petition the court for custody if you were to die. If the father does not want custody then it will be easy for your sister but if father does want custody your sister will need to prove he is unfit. Please contact an attorney to set up your Will and other estate planning documents to ensure that your wishes are followed.

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3/20/13, 7:40 am

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