Question: my husband left me and my children, he is the father of our 6 yo daughter. He has been gone almost 2 months, and has not helped out financially at all. My question is, in the event of my death or incapacities, how do I grant my parents legal custody of my daughter. I am wondering if I can type a letter and have it notarized since we have not started divorce proceedings at this point in time. I just want to make sure my parents get my children in case of tragedy.
Answer:
The following is provided as general information.
A person cannot circumvent her husband's legal interest in the children by naming her own parents as "guardians" in the event of her passing. Biological parents generally have a superior right to custody over any other third party - including grandparents. If abandonment of the family exceeds six months and/or the person completely disappears, the other person can attempt to terminate parental rights by filing a petition to that effect in superior court (juvenile division). Grandparents can also petition for custody or visitation under A.R.S. § 25-415.
Family law can be complicated and very fact specific. To find out how the laws may apply to your specific situation, you may want to consult with an attorney.
October 11, 2009
Legal Services Corporation