What to do if I currently have full legal and physical custody of our 4 year old. and am concerned that in the event of my passing our son would go to his father?

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What to do if I currently have full legal and physical custody of our 4 year old. and am concerned that in the event of my passing our son would go to his father?

Currently his father is only allowed to have supervised visitation, does not have a job, has substance abuse issues, doesn’t pay child support and visitation is seldom. If I write a living will stating that our son goes to his grandparents, will this be considered in court or will automatic rights go to his father?

Asked on July 9, 2013 under Estate Planning, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Please speak with an attorney in your state about what the law permits there.  It may be that you have to have his parental rights terminated - and you may have a good case for that as well here - or there will be a custody battle.  You can name them as guardian sure, but it does not mean that there will not be a battle and the other approach may be best.  Good luck.


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