If I’m thinking of establishing a Will naming my mother as caregiver of my girls, what rights their father would have since are not married and never have been?

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If I’m thinking of establishing a Will naming my mother as caregiver of my girls, what rights their father would have since are not married and never have been?

Asked on February 25, 2015 under Family Law, Florida

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

A will is not the right mechanism to name a caregiver for your minor children.  Only property is conveyed in a will.  Your children are not property.  You need to meet with a child custody attorney to draw up the correct documents.  Even then, the father, if he can establish paternity, would have rights if you predecease him.


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