A Forum for Grinches and Ho-Ho-Hoes - Page 316

Spanky · 03-10-2005, 01:22 AM

Quote:

Originally posted by Tyrone Slothrop
I thought the father was the parent with custody, and the reason he was returned.

I think you guys are being sarcastic and to state the obvious. The mother had sole custody of the child. She tried to take her child to Florida but she dies in the attempt. Her kid survived. Once she was dead custody then was transferred to the father. But the mother, while she was alive, clearly wanted her boy to be in Florida.

bilmore · 03-10-2005, 01:30 AM

Quote:

Originally posted by Spanky
I think you guys are being sarcastic and to state the obvious. The mother had sole custody of the child. She tried to take her child to Florida but she dies in the attempt. Her kid survived. Once she was dead custody then was transferred to the father. But the mother, while she was alive, clearly wanted her boy to be in Florida.

Fortunately, (or not, I suppose, depending on your spouse), you can't transfer your kids by devise.

Spanky · 03-10-2005, 01:34 AM

Quote:

Originally posted by bilmore
Fortunately, (or not, I suppose, depending on your spouse), you can't transfer your kids by devise.

Really? So if you have a divorced couple and one parent dies custody does not automatically go to the surviving parent? Does there have to be a hearing or something?

bilmore · 03-10-2005, 01:40 AM

Quote:

Originally posted by Spanky
Really? So if you have a divorced couple and one parent dies custody does not automatically go to the surviving parent? Does there have to be a hearing or something?

One of us has this backwards. It may be me. What I meant was, you can't choose your kid's custody arrangements (for after your death) in your will. ("Devise", of course, being a term for gifting by will.)

notcasesensitive · 03-10-2005, 01:44 AM

Quote:

Originally posted by bilmore
One of us has this backwards. It may be me. What I meant was, you can't choose your kid's custody arrangements (for after your death) in your will. ("Devise", of course, being a term for gifting by will.)

You were correct, I believe. Or put another way, custody will automatically revert to the other parent absent loss of parental rights. Of course, if both parents die concurrently, custody likely will be determined as set forth in the parents' wills unless other arrangements are found to be in the best interests of the child.

But I'm not a family law attorney and, heck, I don't even have kids, so don't take my word for it.

bilmore · 03-10-2005, 01:45 AM

Quote:

Originally posted by notcasesensitive
But I'm not a family law attorney . . .

I was. I was just trying that "self-effacing" thing. I decided I don't like it.

ltl/fb · 03-10-2005, 01:50 AM

Quote:

Originally posted by bilmore
I was. I was just trying that "self-effacing" thing. I decided I don't like it.

So the parent that had custody was in Cuba, yes? And custody automatically reverted to the father in Cuba? So however clear it was that the mom wanted the kid to be in Florida, when she died, he went into the custody of the dad in Cuba. Like, if my parents had been divorced, and my mom got primary custody, and, while we were driving to San Francisco from Minneapolis (the site of the now-broken marital abode, and continuing home of my dad) and there was an accident on the drive and my mom was tragically killed but I was alive, I wouldn't go on to San Francisco (to mom's family or friends or whatever); I would go back to Minnesota to dad. Even though mom clearly wanted me to live in San Francisco -- the U-Haul behind the car had all of my clothes and stuff in it. And my favorite blanket and teddy bear were in the car and got blood all over them. But I have to go to fucking MINNESOTA where it's probably still 20 below 0.

sgtclub · 03-10-2005, 01:50 AM

Quote:

Originally posted by bilmore
I was just trying that "self-effacing" thing. I decided I don't like it.

This probably won't get any other votes, but I vote this as board motto.

notcasesensitive · 03-10-2005, 01:52 AM

Quote:

Originally posted by bilmore
I was. I was just trying that "self-effacing" thing. I decided I don't like it.

Okay. In that case, you should have included the both parents die together exception. Otherwise you could have Ty (for example) getting all concerned that he and his wife have no say in where the kids go if they both die. Held to higher standard if you actually do it and all that.

Ty, go ahead and keep the devise to auntie ncs in place. I've heard I'd make a really excellent mother.

ltl/fb · 03-10-2005, 01:53 AM

Quote:

Originally posted by notcasesensitive
Okay. In that case, you should have included the both parents die together exception. Otherwise you could have Ty (for example) getting all concerned that he and his wife have no say in where the kids go if they both die. Held to higher standard if you actually do it and all that.

Ty, go ahead and keep the devise to auntie ncs in place. I've heard I'd make a really excellent mother.

So does this mean you don't go down on Mr. Man in the theaterrrrrr?

ETA I really don't need to know. I just wanted to say "theaterrrrrrrr."

Tyrone Slothrop · 03-10-2005, 01:57 AM

Quote:

Originally posted by notcasesensitive
Okay. In that case, you should have included the both parents die together exception. Otherwise you could have Ty (for example) getting all concerned that he and his wife have no say in where the kids go if they both die. Held to higher standard if you actually do it and all that.

Ty, go ahead and keep the devise to auntie ncs in place. I've heard I'd make a really excellent mother.

Hell, you don't have to wait 'til we're dead -- you can have em now.

notcasesensitive · 03-10-2005, 02:00 AM

Quote:

Originally posted by Tyrone Slothrop
Hell, you don't have to wait 'til we're dead -- you can have em now.

Hmm. I'll have to look at my calendar and get back to you on that one. I have a few fun weekend trips coming up, and I'm not sure that the kids would really enjoy Vegas that much. Let's visit again in 6 months and see where things stand...

Spanky · 03-10-2005, 02:07 AM

What is the purpose of the different Threads?

bilmore · 03-10-2005, 02:16 AM

Quote:

Originally posted by notcasesensitive
Otherwise you could have Ty (for example) getting all concerned that he and his wife have no say in where the kids go if they both die.

I hate to say it, but, they can suggest, and they can request, and they can even beg, but it's gonna be the "best interests" test no matter what. They might get a presumption that their choice is a sort of a prima facia showing of what's in the kid's best interest, but someone can still overcome that showing.

(ETA - this presupposes that someone else wants the kids bad enough to fight for them in court.)

bilmore · 03-10-2005, 02:18 AM

Quote:

Originally posted by ltl/fb
Like, if my parents had been divorced, and my mom got primary custody, and, while we were driving to San Francisco from Minneapolis (the site of the now-broken marital abode, and continuing home of my dad) and there was an accident on the drive and my mom was tragically killed but I was alive, I wouldn't go on to San Francisco (to mom's family or friends or whatever); I would go back to Minnesota to dad.

Unless someone could overcome the "parent is best" policy, and show dad's an ax murderer of children, yeah.

Bring warm clothes.