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  1. #1
    Join Date
    Jul 2009
    Location
    Florida
    Posts
    1

    Default If I Should Die Could My Mother Get Custody of My Son

    My question involves a child custody case from the State of: Florida. I'm a single mom who due to the economy had to move in with my parents while I was still pregnant. I am listed as the primary custodial parent for my child and my ex is the non custodial parent with visitation, although he is not currently allowed to have our child at his home by court order due to unsafe conditions. It is my wish that if something should happen to me that my child remain in the home that he has known his entire life, he is now 4. Is it possible for me to state in my will or in some other way who should get custody of my child? His father is ordered to pay support, but he doesn't have a job and his parents pay for all his expenses. Can anyone help???

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Could My Mother Get Guardianship of My Child Should I Die

    Typically, one appoints guardians for one's minor children via a will. However, even with a will, the other parent has a strong claim to contest it.

    You'll want to take your court order with you and have a consultation with an estate planning attorney in your area.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Could My Mother Get Guardianship of My Child Should I Die

    One approach is to designate a guardian (and a successor - your first choice may turn out to be unable to raise your child to the age of 18) in your will, and provide along with your will a letter detailing how and why you chose the designated guardian, and why you do not want the other biological parent to get custody.

    You can't give your children away in a will, and if the other parent has parental rights the court's presumption will be to give custody to that other parent, along with supporting documentation. What you do by making your wishes and concerns clear is help your guardian establish to the court why that's not necessarily in the children's best interest. An estate planning lawyer should be able to help you create a will and associated record of your wishes that would be appropriate under the laws of your state.

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