If I’m preparing a Will, can I legally give my custodial rights to my parents and leave my ex-husband with his visitation?

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If I’m preparing a Will, can I legally give my custodial rights to my parents and leave my ex-husband with his visitation?

I am divorced and remarried. I have primary custodial rights to my daughter and my ex-husband has limited visitation (no overnights).

Asked on December 11, 2012 under Estate Planning, Ohio

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Not by will. Your husband has first rights as the children's father in case of your death. You could enter into an in an informal signed agreement with your husband to allow the children to go to your parents or you could go to a lawyer and seek a formal agreement modifying your decree of divorce to allow a guardianship of your children in your parents in the event of yopur death.


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