QUESTION
Is there a way to have a legal will draw up stating in case of my death I want my daughter to live with my sister?
Asked on Oct 23rd, 2012 on Child Custody - New Jersey
More details to this question:
I've been living with my fiancé in New Jersey for 14 years. We have an 11-year old daughter together. If I die and have now will was written up, I understand my fiancé (my daughter's father) can file a notion for full custody.
1 ANSWER
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You can put a provision in your will that you want your sister to have custody of your daughter in the event that you pass away, however, absent your fiance agreeing to give custody to your sister at the time of your death, your fiance, as the natural father, would retain custody of your daughter. Courts presume that the surviving parent is fit and, absent extraordinary circumstances, will ignore any contrary custody designation in a will.
Answered on Oct 25th, 2012 at 10:39 PM