Parenting is hard enough without worrying about what will happen to your children when you die. If you have a violent ex-spouse, that worry is only magnified. Unfortunately, in the event of your death, your ex-spouse could very well end up taking your children away from your family if you don't have a plan in place. However, by working with a child custody attorney, you can implement measures to help prevent this from happening. Here are some of the ways a child custody attorney can help.
1. Obtaining a Protective Order
If you've recently just broken free from an abusive spouse, you should take all necessary precautions to ensure they don't have access to you or your children. One way to do this is by obtaining a protective order. Your child custody attorney will ensure that your ex-spouse won't be able to contact you and your children at home or try to take them from school. This way, you can recover from the trauma without constantly worrying about the safety of your children.
2. Transferring Child Custody to a Family Member You Trust
Before you can transfer custody to a family member, the court will need to review your current custody order. If you don't share custody with your ex-spouse, you're in luck because you won't have to ask permission from them to change the custody arrangement.
All the court will need to ascertain is if the child is safe and comfortable under the care of the new guardian. Knowing that your child will be in a safe and loving home even in your absence allows you to transition to the afterlife peacefully. Your attorney will take care of the custody transfer process, so you don't have to navigate the legal system while you're ailing.
3. Putting Your Ex-Spouse on a Child Abuse Registry
Suppose your ex-spouse has been convicted of child abuse; they can be put on a child abuse registry. This will make it much more difficult for them to gain custody of your children if you die. Consult your child custody about the matter and let them take care of the paperwork. Knowing your violet ex-spouse is legally disallowed to have custody of the kids will give you peace of mind.
If you're suffering from a terminal illness, you should take these steps to ensure that your children will be protected if something happens to you. Ensure you consult with your child custody attorney before making any moves to ensure you don't leave any loopholes that your ex-spouse might use to take the children from your family.
For more information, contact a child custody attorney such as Kenneth J. Molnar.