What happens when a terminally ill parent has full custody and denies the other parent custody in her will?

My husbands ex has full custody, because paternity was established 4 years ago and she opted to not involve custodial matters (she was the petitioner). We never had the money to go back and fight for custody, as he pays nearly half of his paycheck in childsupport. Now we found out that she has terminal cancer. She wants their son to live with her parents when she has gone, and is in the process of writing a will stating that. My husband and I have three other boys and want very badly to have him in our home, if he cant be with his mother. He is 12 and he needs his father, her parents are elderly and have a hard time with him now, hes out all night without a curfew!


The grandparents have also caused allot of conflict between the parents, and resulted in my husband only spending little time with his son. When we see him its on going for 6 months, then we are fighting again.


Does my husband have a chance? Does anyone know how to solve this without us spending her time in court?What happens when a terminally ill parent has full custody and denies the other parent custody in her will?
Unfortunately, This matter can only be resolve in court. You and your husband have valid reasons for wanting to raise his son) in the event somethings happens to the biological mother and the grandparents being elderly. What you two have do would be to hire an attorney and petition for custody in the event the biological mother dies from her illness. A court judgement would take presidence of an will in many cases. However, this action should take place immediately for this issue gets more complication.





A good attorney can resolve this so both sides are fairly content. Whatever, ill feelings you and your husband may have against the mother and her parents needs to be rid of and do everything from a loving heart. Because this will make a great difference in the son seeing that someone is willing to be the better person. Pray to Jesus Christ and keep the faith.What happens when a terminally ill parent has full custody and denies the other parent custody in her will?
In the U.S if the child is competent,of age 12 i think than the courts can ask him who he wants to live with.Just because there is a will,sometimes the courts will change it if there is a hardship case involved.but as for court yes u will spend some time dealing with this.Good luck
They go to him first love
When she dies the children go to him regardless of what is or is not in her will.
You will have to go to court and patition the will once she has died. Chances are he won't get custody but try and go to court now before she dies and determine custody.
Her will will not matter if the father is alive and fit to take the child. You will need to get a lawyer once she passes on but then you can collect the child and bring him home. The father has been paying child support and that establishes him as the parent. It is better if he is also on the birth certificate.





Be aware that her parents could retain a lawyer to try and get custody but the court will favor the natural parent.





Good Luck
Your husband will have to petition the family court for full physical/legal custody once his ex passes...best thing to do is consult a lawyer NOW...and just because it's in her will doesn't mean Family Court has to honor it...they will decide what is in the best interests of the boy, and quite frankly unless the Dad can be proved unfit, or his home unfit he stands a very good chance in getting his son because he is the father.....but you're gonna hafta do it thu the courts..no other way. Good Luck.
The grandparents right to have custody is secondary to the fathers rights.





So long as there are no abuse allegations, then he will get his kids back.