Anonymous asked in Politics & GovernmentLaw & Ethics · 4 weeks ago

I live with my parents and I have full custody of my son.. would my parents automatically get custody of my son if I died ?

My sons dad lives in a different state and he is going into the navy soon so I doubt he’ll take custody of him. I know for sure my parents will fight to get custody over my son, but if I passed away, would the court automatically let my parents take custody or would they notify my sons dad and ask if he wants custody of him?


@Felonious Monkey: we are NOT married. 

15 Answers

  • 3 weeks ago

    Living with your parents does not legally grant them custody. The father is ALWAYS first in line unless the court finds them unfit. If the court considers it a close call between the father and your parent's, remaining in the home your son is accustomed to can be the proverbial tie breaker.

    That said, based on the MANY variations of this question you have posted, I doubt you even have visitation of the son I don't believe you have.

    Note: Claiming you doubt the father would seek custody because he is in the Navy negates posting anonymously.

  • 4 weeks ago

    Why not simply prepare a legal document and have it notarized stating your intentions?  You can find them on line.

  • 4 weeks ago

    NO Daddy gets the kid if he wants it.. Your parents will have to go to court and PROVE HIM UNFIT he they want full custody.

  • 4 weeks ago

    The biological parent's rights superced the rights of grandparents.

    If you are smart, you would draft a Will, making both your parents executors (separately or jointly)of your Will. And that you would like to give them guardianship of your child.  This may help them maintain custody so that the father cannot whisk him away, never to be seen again.

    Please see an attorney in regard to your wishes and draft a Will. 

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  • 4 weeks ago

    No his father likely would, as the biological parent.

  • Foofa
    Lv 7
    4 weeks ago

    If your son's father still has parental rights he'd be first in line for custody. If you want to assign custody to your parents in the case of your death you'd have to go to court to sever your ex's parental rights and then draft your will and trust and such accordingly. 

  • 4 weeks ago

    Your sons dad would get custody.   Your parents would have to file thru court for custody

  • 4 weeks ago

    No, your son's dad would.

  • 4 weeks ago

    The overriding consideration is the "best interests of the child." The court would hold a custody hearing to determine where the child lives. If your husband fought for custody he'd likely win, but if he supports your parents taking custody then the court would likely approve it. Plus, if your son is at least 12 the court will consider where he wants to live.


    UPDATE: The considerations are the same for unmarried couples. The court will assume that the child's best interests will be achieved by staying with a biological parent, so if your son's dad fought for custody he'd likely win. If his dad is shipping off to active duty then obviously he can't provide a stable home so in that case the court would likely give custody to your parents. 

  • Anonymous
    4 weeks ago

    No they will not automatically get custody.    Your child has two parents neither of which are your parents.

    Yes it's possible your son's father may decline custody.  Yes it's possible your parents would be awarded custody.   But in no way, shape or form is that automatic.   Your son's father has rights. 

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