Can my sister have full custody of my son even if his father’s name is on the birth certificate?

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Can my sister have full custody of my son even if his father’s name is on the birth certificate?

I specified in my Will that I want my sister to have full custody of my son if I were to die. Would she be granted custody if my sons father is still alive and is on my sons birth certificate?

Asked on August 22, 2012 under Family Law, District of Columbia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is a custody order in effect stating that your son's father does not have physical and/or legal custody of your son EVER, your wishes as stated in your Will that your sister has custody of your son should you pass when he is a minor would be subject to a legal challenge by the father.


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