Can I put in my will that if something happens to me, I want my daughter to go with my mother instead of my daughters father.

My daughters dad is a career criminal who’s been in
and out of jail since he’s been a teen. He don’t help
support her, and my mother has helped me raise my
daughter. Her dads name is on the birth certificate.
Can I have my mother get custody of my daughter if
something happens to me?

Asked on May 11, 2016 under Estate Planning, Ohio


G.J., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If your daughter's father is willing to sign somthing stating that he is willing to allow your mother custody then that might be an option. Also you can ask him to give up his parental rights to her. If he agrees to that, then you must know he will not be liable for child support any longer ( even if he does not do so already). Otherwise, your mother will have to file for custody in family court once you have passed and a judge will decide what is best for the child.

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