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2 Bumps

The dad died: who has next of kin rights?

My friends, little sisters, dad died. The moms in a rehab trying to get her life together. So wouldn't my friend be next of kin since she is over 18, and have the right to take them in?

 
DomoniqueWS

Asked by DomoniqueWS at 3:47 PM on Jul. 1, 2010 in General Parenting

Level 25 (23,109 Credits)
This question is closed.
Answers (9)
  • I would think so. If the siblings are over 18, and neither parent can take care of a minor, doesn't the sibling get the chance usually?
    I guess she'd have to call and ask to make sure though.
    Kiwismommy19

    Answer by Kiwismommy19 at 3:48 PM on Jul. 1, 2010

  • Not necessarily. I am willing to bet unless she gets ahead and starts the adoption process now then they will go to foster homes.
    ABusyBee

    Answer by ABusyBee at 3:49 PM on Jul. 1, 2010

  • Its really up to Child protective services. They will ultimately decide who will get them. They would much rather put them with family, but if they feel like she isn't capable then she wont.

    NAT24ROXY24

    Answer by NAT24ROXY24 at 3:50 PM on Jul. 1, 2010

  • Next of kin is either a wife, or a biological (or adopted) child. If the wife is completely incapable of taking in minor children, then I do believe it would fall upon the next, next of kin.
    milfalicious08

    Answer by milfalicious08 at 3:50 PM on Jul. 1, 2010

  • She would need to start the process of trying to gain custody, otherwise she would go in to foster care.
    GavinsMommii

    Answer by GavinsMommii at 3:51 PM on Jul. 1, 2010

  • NO, they will not go to foster homes.

    It's either the dads girlfriend, who is trying to get them
    the moms mom, so grandma,
    or my friend who is their sister.

    The only way they would go to foster care is if they had no one.
    DomoniqueWS

    Comment by DomoniqueWS (original poster) at 3:51 PM on Jul. 1, 2010

  • If he didn't state it before he died it would be whoever the court considers next of kin, then the foster system if next of kin etc weren't suitable, I think.
    preacherskid

    Answer by preacherskid at 3:55 PM on Jul. 1, 2010

  • It's either the dads girlfriend, who is trying to get them
    - The girlfriend does not legally qualify as next of kin. I could be wrong though.

    the moms mom, so grandma,
    - Grandma is trumped as next of kin by any of his biological children.

    or my friend who is their sister.
    - Is your friend related to the dad who died? As in is she one of his children? If not, she's not next of kin either. So Grandma would take precedence as far as custody rights go.
    milfalicious08

    Answer by milfalicious08 at 4:03 PM on Jul. 1, 2010

  • Their mom's alive, if she wanted to risk rehab she could ultimately take them, CPS isn't involved, not everyone involves CPS in family matters, especially death.

    But thanks to everyone who answered, she is next of kin, there is an order in California, next closest blood relative, which is her.
    DomoniqueWS

    Comment by DomoniqueWS (original poster) at 4:03 PM on Jul. 1, 2010