[WSBAPT] Guardian of minor child
Marcus Fry
mfry at lyon-law.com
Mon Mar 24 15:38:38 PDT 2014
The non-parental custody doesn’t give absolute certainly. Neither does
the guardian selection.
If bio mom truly wants her wishes carried out (agree about the Will as
safety net), why not start the adoption process? Rather easy to do, can
expedite FBI fingerprint checks in less than 24 hours-they scan and email
now, get bio father’s consent to termination of his rights. You can
terminate his rights within 48 hours of him signing and then terminate bio
mother’s rights when you are ready to finalize the adoption. If she dies
before finalization, you will not need to terminate her rights.
I would be happy to assist. Handle adoption cases all over this State.
Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
Adoption Attorney*
P.O. Box 1689
Yakima, Washington 98907
Telephone: (509) 248-7220
Facsimile: (509) 575-1883
NOTICES:
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of Adoption Attorneys, an invitation based organization of 300+ attorneys
nationwide, under its criteria of experience, ethics and peer
recommendation. Washington's Supreme Court has not yet developed or
recognized a credentialing process for specialties, and
certification/fellowship is not required to practice law in this state.
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From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Monday, March 24, 2014 3:30 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] [SPAM] Guardian of minor child
A P.S. to my comments, below.
As it true in all of life, timing is everything. All I have spoken about,
in my prior comment, can be affected by a much-quicker-than-anticipated
death of the mother of the child. Before starting (or parallel in time to
the start of) a non-parental custody proceeding, it is vitally important
that mother of the child set out her preferences as to a guardian for the
child in a will. She should also detail all of the reasons why the child
would be better off with the chosen custodian, since the father has a
paramount (and constitutionally protected) right to carry out his role as
a parent.
One never knows whether or not the mother of the child might not die prior
to the completion of the Non-Parental Custody proceeding, at which time a
contest might take place, based upon the factors I set out in my prior
comments.
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Douglas Bratt
Sent: Monday, March 24, 2014 3:22 PM
To: wsbapt at lists.wsbarppt.com
Subject: RE: [WSBAPT] [SPAM] Guardian of minor child
Hello:
I agree with Katharine. Non-parental custody is a good first step. I
would not necessarily recommend an immediate adoption because there is
considerable time involved in getting FBI Fingerprint Checks completed
(sometimes as long as 13 weeks), then getting a Pre-Placement Report, etc.
The mother of the child might not survive that long.
The father’s willingness to agree to some sort of arrangement (custody,
guardianship or adoption) might be stronger right now while the mother of
the child is still alive, and the non-parental custody proceeding is
literally something that can be accomplished in days if both birth parents
agree to it occurring.
Once PC dies, father’s willingness might be much less, based IMHO, on two
factors. One – if he has a spouse, a significant other, or a mother (or
parents) of his own who would promise to assist him, he might feel much
more able to take on the child. But, two, and most importantly, remember
that the child becomes an economic asset after the death of the mother of
the child IF that mother has a significant enough earnings history to
trigger a decent post-death Social Security payment for the child. I have
seen cases where a previously uninterested, mostly absent, parent all of a
sudden becomes very interested and attentive because of the possible
influx of additional dollars into his/her household as a result of the
death of the other parent.
After the non-parental custody decree is entered, a move towards an
adoption can be done in a much more leisurely fashion. If the birth mom
is still alive at that point, the same sort of perhaps subtle pressures on
the father (who had promised his ex to cooperate, after all) might well
compel him to sign a Consent to Termination (which would end any child
support obligation) without much of a hassle. When the mother of the child
dies, no consent from her side of the ledger is required.
However, timing of the adoption might also be affected by the same sort of
Social Security considerations spoken about above. I am thinking that if
an adoption takes place before the mother of the child dies, any
possibility of the custodian (new parent) of the child receiving Social
Security payments for the benefit of the child would probably terminate.
As I remember things, however (PLEASE double check), I am thinking that
the Social Security for the child would not end upon an adoption taking
place after the mother of the child dies.
Good luck.
Regards,
Doug Bratt
From: wsbapt-owner at lists.wsbarppt.com
[mailto:wsbapt-owner at lists.wsbarppt.com] On Behalf Of Katharine P. Bauer
Sent: Monday, March 24, 2014 2:53 PM
To: probate
Subject: Re: [WSBAPT] [SPAM] Guardian of minor child
Non parental custodianship now might be an easier option under some
circumstances
On Mar 21, 2014 12:38 PM, "Ashley Raymond" <ashley at ashleyraymondlaw.com>
wrote:
I have a PC who will be dying in the near future. She has a minor child
and would like to name a guardian in her will. She claims the child's
father, who is still alive, will not contest a guardian and/or adoption of
the child. What would be the best way to handle this in the will? Should
she nominate a guardian and give an explanation of why the child should
not go to the father in her will?
And then after she passes, I am assuming the guardians would have to
petition the court and if the father was willing, he would release his
parental rights?
Ashley Raymond, J.D., LL.M.
Ashley Raymond, PLLC
651 Strander Blvd., Ste. 215
Tukwila, WA 98188
Ph: 425-496-7495 | Fax: <tel:425-523-3984> 425-523-3984
ashley at ashleyraymondlaw.com
Website <http://ashleyraymondlaw.com> | Facebook
<http://facebook.com/ashleyraymondlaw> | Linkedin
<http://linkedin.com/in/ashleyr> |
<http://www.avvo.com/attorneys/98188-wa-ashley-raymond-1441776.html> Avvo
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