QUESTION
Can I sign my custody rights to my sister on a last will?
Asked on Feb 24th, 2014 on Child Custody - Idaho
More details to this question:
I’ am recently divorced and would like to write a will. My ex doesn't have a job but is remarried. I would rather have my sister to take over custody should I depart.
5 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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A designation of guardian is usually found in a will. But you could write it as a separate document.
Answered on Feb 28th, 2014 at 10:33 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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You may certainly express your preference and desires with a will, however, in Arizona, and I suspect in most if not all other states, a biological parent whose parental rights have not been terminated by a court will have preference over any other potential placement should something happen to you. I suggest you clarify this with an experienced attorney in your area.
Answered on Feb 28th, 2014 at 7:30 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can name your sister as guardian in your will. The court can then determine if the child should be with the father or your sister. This will depend entirely on the history the child has with each, although barring serious issues (he's a drug addict or something on that level) the father's rights to the child will trump your designation in a will.
Answered on Feb 26th, 2014 at 4:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can try, but if dad is capable of providing a stable home environment and wants the children, he will get them.
Answered on Feb 26th, 2014 at 4:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can express your wish but it is doubtful as he retains his parental rights. Reverse the situation, what would be your opinion or desire in that case?
Answered on Feb 26th, 2014 at 4:37 PM