Since I’m a single mother of a 2 year old and were to type up something stating who I wanted to have custody in the event that something were to happen to me, would it be legally binding?

There is no father in the picture.

Asked on February 21, 2013 under Estate Planning, Texas

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 7 years ago | Contributor

You need to make sure you comply with the formal requirements in Texas for designating a guardian.  There are online legal document companies & programs that you can use for this purpose.  If your intention is truly as simple as designating a guardian, then these programs are effective.  BE SURE to follow all of the directions -- if the program says you must have two witnesses and a notary, do that.  If you do not execute the document exactly as you are told, it will not be valid.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.