If my children’s father and I have legal custody and I have full physical custody, is there a way I could ensure my children would go into the custody of my parents if something were to happen to me?

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If my children’s father and I have legal custody and I have full physical custody, is there a way I could ensure my children would go into the custody of my parents if something were to happen to me?

Asked on December 12, 2012 under Family Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Not unless the child's father's rights were terminated in some way under the law.  He has the same rights as you do to the child and that means that if something were to happen to you he would have the first right to custody.  If he were found to be unfit or that allegation were made to challenge the right to custody then a court would decide.  Good luck.


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