Should anything happen to a parent, how do grandparents get custody of grandchildren?

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Should anything happen to a parent, how do grandparents get custody of grandchildren?

My sister is in an abusive relationship. If anything should happen to her, what steps can the grandparents make to get custody of her children? They are not married so should a Will work or does the father have to sign off his parental rights as well?

Asked on May 9, 2012 under Family Law, Arizona

Answers:

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

Answered 8 years ago | Contributor

Please consider getting help for your sister by intervention of some sort.  And for the sake of the children. Lets consider that the situation might arise.  If they were never married and the father has no established parental rights then your sister is the only legal guardian of the children.  So her wishes to bestow guardianship to her parents would be upheld.  But that is not to say that the father will not challenge that wish.  The grandparents need to establish that being with them is in the best interests of the children.  If the relationship is as it is your sister should consider terminating his rights now.  And your parents guardianship now as well. Good luck to you all.


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