# Legal question - child custody **URL:** \ **Category:** Factual Questions\ **Created:** [February 2, 2017, 11:16pm UTC](https://boards.straightdope.com/t/legal-question-child-custody/778862 "2017-02-02T23:16:14Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![Squallous](https://avatars.discourse-cdn.com/v4/letter/s/22d042/32.png) [@Squallous](https://boards.straightdope.com/u/Squallous)\ **Post date:** [February 2, 2017, 11:16pm UTC](https://boards.straightdope.com/t/legal-question-child-custody/778862/1 "2017-02-02T23:16:14Z")
You aren’t a lawyer, I’m not your client, and this isn’t actual legal advice. Person 1 and Person 2 are married in the state of Maryland (MD) and have a child (while married). They get divorced, in MD, Person 1 is awarded sole physical custody of the child (at this point an infant), Person 1 and Person 2 are awarded joint legal custody. Person 1 remarries to Person 3 (in MD). Person 2 has done nothing to warrant removal (rescinding? revoking?) of their joint legal custody, so Person 3 can’t adopt the child. However, Person 1 (and Person 3 and the child too (now about 8 years old)) would like Person 3 to remain the full-time, first string, sole legal custody “parent” should Person 1 die. Question - is the full physical custody and joint legal custody currently held by Person 1 transferable upon death to Person 3? E.g. if stipulated in Person 1’s will? Or if Person 1 dies does Person 2 automatically get sole physical and sole legal custody of the child? Because other than being married to Person 1, Person 3 has no other legal(?) relationship to the child. Thanks. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [February 2, 2017, 11:34pm UTC](https://boards.straightdope.com/t/legal-question-child-custody/778862/2 "2017-02-02T23:34:38Z")
Person 3 has no legal relationship to the child. Person 2 is the child’s parent , his/her parental rights have not been terminated and he/she has not been found to have neglected or abused the child. Person 2 will automatically get sole custody- unless Person 2 voluntarily surrenders his/her parental rights. (Which by the way can also happen before Person 2 dies if Person 3 is willing to adopt ) ---
**Author:** ![dolphinboy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dolphinboy/32/330_2.png) [@dolphinboy](https://boards.straightdope.com/u/dolphinboy)\ **Post date:** [February 3, 2017, 12:04am UTC](https://boards.straightdope.com/t/legal-question-child-custody/778862/3 "2017-02-03T00:04:18Z")
Got it in one ---
**Author:** ![watchwolf49](https://avatars.discourse-cdn.com/v4/letter/w/e9c0ed/32.png) [@watchwolf49](https://boards.straightdope.com/u/watchwolf49)\ **Post date:** [February 3, 2017, 4:02am UTC](https://boards.straightdope.com/t/legal-question-child-custody/778862/4 "2017-02-03T04:02:21Z")
Generally, we can’t bequeath children … however, with the passing of Person A, the adoption by Person C can move forward if Person B agrees … and sometimes the best interest of the child is served by leaving them in the home they have been living at their first eight years … perhaps Person B could move in and help raise the child … ---
**Author:** ![Squallous](https://avatars.discourse-cdn.com/v4/letter/s/22d042/32.png) [@Squallous](https://boards.straightdope.com/u/Squallous)\ **Post date:** [February 3, 2017, 5:21pm UTC](https://boards.straightdope.com/t/legal-question-child-custody/778862/5 "2017-02-03T17:21:57Z")
Thanks everyone. That’s kinda what I figured.