Legal Question in Family Law in California

my childs father and i share custody of our daughter, he is in the military and plans to "bequeath" his parental rights to his parents in the event of his death. My question is simply "is it possible for him to do that? or am i right to assume that full custody would revert to me with liberal visitation to his family"


Asked on 1/10/12, 11:45 am

2 Answers from Attorneys

Patricia Vanharen Law Office of Patricia C. Van Haren

He can not bequeath or assign rights to his parents. That provision will be invalid. Additionally in the State of California, there is no authority for grandparent visitaiton rights. If the father passes away you will have sole custody and the right to visit his family will be completely under your authority.

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Answered on 1/10/12, 11:55 am

Ms. Van Haren is completely correct. Parental rights die with the parent, and grandparents have no rights at all. Visitation would be entirely up to you.

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Answered on 1/10/12, 12:27 pm


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