Legal Question in Family Law in Virginia
Gaurdianship of child if mother dies
I am the mother of a seven year old and am divorced. I have alot of health problems and I was wondering if I passed away if I could appoint my child a gaurdian. I am her primary caregiver and she doesn't want to live with her father. He does have joint custody.
Asked on 2/25/08, 12:20 pm
1 Answer from Attorneys
James Vasquez
In Pacta, PLLC
Re: Gaurdianship of child if mother dies
I'm assuming that there is parenting plan in place, if so, upon your death, your child's father would get her. This is unless there (1) he agrees to have someone else take care of the child, i.e. guardian (get this in writing); or (2) there has been some change in circumstance under which he could not be the parent, or should not be the parent. This of course would have to be done through court action.
Answered on 2/25/08, 1:20 pm
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