Can I leave my child to a family member instead of my spouse?

I have been married for 8 years but we
have been seperated for 7 years and he
has nothing to do with our daughter. He
has a new family but refuses to divorce
me. If I put in my will that she goes
to a family member can he fight it?

Asked on May 27, 2017 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can keave your property according to the terms of your Will but not your children. To determine who gets custody, you will need do this through a court. If the father agrees, then it is typically not a problem. The simplest method to give "custody" is to petition for temporary custody by a close relative. This means that, at any point in the future, either parent can ask for this to be terminated and take "custody" of the child again. However, if their father objects, then you will have the burden to prove to the judge why your child is better off with your famiy member instead of their father. The simplest method to give "custody" is to petition for temporary custody by a close relative. However, if their father objects, then you will have the burden to prove to the court why your child is better off with your family member instead of him.
 
     


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