What are my rights if my ex is dying of cancer and he has residential custody of our children?

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What are my rights if my ex is dying of cancer and he has residential custody of our children?

I know in his Will that he is trying to leave the kids to someone else. Can he do that if we have joint custody?

Asked on January 8, 2013 under Family Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under th laws of all states in this custody, your "ex" cannot "delegate" his custody rights of your minor children in a Will or trust. Given his disease, I suggest that you have a face to face meeting with him to see what you can do to assist him. Such would be a good example of kindness for your chidren where in the end you will end up with full custody of the minors after the "ex" passes.


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