Thursday, January 10, 2013
How do I prepare for my death and for my family to take legal custody of my child?:
Q: My client has cancer which has spread to her liver. She wants her family and husband to have legal custody of her 10 year old child. What are the legal steps that she must take?
David’s answer: First, she should have a will done. Second, if she is currently married & her husband lives with her, there is no court filing required for him to have custody of the child. If she & the husband are separated and/or she wants some arrangement whereby a family member of hers will have joint custody, then she would need to file a custody petition in court. -- David Bliven, Westchester Child Custody lawyer (www.blivenlaw.net)