Legal question - Custody

profen4 · Mar 29, 2010

Question for you folks in the know---

If a 14-15 year old kid's parents die, and their will stipulates that it is their wish that their kid is to be placed in the custody of (Person X), does that happen right away? does a judge have to be involved?

Lets assume that Person X is a family friend, and the kid is comfortable with the decision and there is no dispute from elsewhere.
quan ao nam dep quan lot nu do dung so sinh cho be vest cong so ao so mi nu trang phuc hoa trang
Would a judge be involved before custody actually became formal? would the two of them -kid and new guardian - need to go before a judge?

thanks for your help.

DeleyanLee · Mar 29, 2010

Depends on the state/provice/nation's laws how much a judge is involved.

When my kids were transferred to my sister's custody temporarily, I had to sign forms and she and her husband went before the judge. I didn't have to go. I could have, but I didn't have to. That was in Michigan.

I'd double-check with the adoption/guardian laws wherever you're talking about.

Good luck.

profen4 · Mar 29, 2010

Thanks DeleyanLee - - that helps a lot. I just wanted to make sure it was 'possible'. if it's just something that requires a signature and a social worker then one of the scenes in my book would have required a quick change.

the addster · Mar 29, 2010

Physical custody would most likely be given to the appointed guardian immediately, but formal guardianship would have go through the courts and be approved by a judge. Permanent guardianship is different than temporary. It would be a simple process, but it would take some time, depending on the particular courts schedule.

shadowwalker · Mar 29, 2010

I believe there are some states that also allow the child to have a voice in the decision, but they have to be a certain age (not necessarily the age of majority). And then there's also emancipation.

Just tossing a couple side issues in

Legal question - Custody

profen4

DeleyanLee

Writing Anarchist

profen4

the addster

shadowwalker

empty-nester!