Family Law (Divorce, Family Relations)/Gaurdianship of children


I'm not sure if there is a general answer for my question, as I believe I saw that you're in WA and I reside in Arkansas.

How much pull does the non custodial parent have in gaining guardianship of the children in the event of death or disability of the custodial parent?

DISCLAIMER: I AM NOT A LAWYER: But a person who has experience Family Law, and providing an opinion only: Please contact an Attorney who specializes in FAMILY law in your area.

Almost all family courts, and system prefer to ensure the child spends as much time with both parents: if in the event of a death or disability whereby the primary parent cannot care for said child: Then the courts will re-evaluate the non-custodial parent. This may include sending a guardian ad lidem to residents during visitation to see interaction and home environment.

In MOST cases, unless there is proof beyond reasonable doubt that non-custodial child would be in harmsway or be put into a unsafe environment, the non custodial parent would most likely gain custody: Now in some cases, if another relative say aunt, uncle, etc who steps up to volunteer to take over custody, and is presented to the court system as such then they would evaluate both to determine what would be in the best interest of said child.

Hope this helps

Family Law (Divorce, Family Relations)

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Jeff Laatsch


WA Law with respect to family court issues: order to show cause/notice of motions, establishing or modification of an order, custody, visitation, child support, parenting schedules, mediation, preparations and filings of all documents: International relocation experience: Create a win/win/win situation between Mom-Children-Dad...


Self taught and experience with working with various Court Clerks.

Masters Degree

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