If my ex has minimal supervised visitation, in the event that something where to happen to me would I be able to give my parental rights to my mother so that he doesn’t get custody?

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If my ex has minimal supervised visitation, in the event that something where to happen to me would I be able to give my parental rights to my mother so that he doesn’t get custody?

He has not been a part of her life over 2 years.

Asked on August 11, 2015 under Family Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If one parent becomes deceased, then the other parent will become the primary caregiver by default.  However, you can take actions now or your parents could take actions later to resolve the placement of your child with an unfit parent. 

If your ex is willing to sign an agreed order right now, you may be able to have the ex agree to appoint you as a joint conservator with your parents so that they are an automatic backup plan if something should happen to you.

If that's not an option at this point, then your parents could file for possession and access if they can demonstrated that they were joint caregivers with you while you were alive and that you expressed a preference in your will that they continue in the same capacity.  If the ex continues to be uninvolved, it won't be hard for your parents to seek and obtain custody.  If the ex improves their situation, then your parents may not be able to get full custody.... it really depends on the facts as they exist at the time the suit to modify, if any, is filed. 


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