QUESTION
Can my daughter pass the custody rights to the father?
Asked on Apr 13th, 2012 on Estate Planning - Oklahoma
More details to this question:
If my daughter has custody of her child can she name me custodian in case of her death or will the child go to the biological father?
2 ANSWERS
Your daughter may nominate you as custodian in a will. However, the biological father will have priority consideration for custody so there may end up being litigation between the two of you for custody. If so, the Court will have to determine best interest of the child for placement.
Answered on Apr 17th, 2012 at 12:04 PM
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Donna J. Jackson Attorney at Law PC
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In Oklahoma, a mother can name you guardian of her child in her will. However, by statute, the natural father would have priority fo custody. If you filed for guardianship, the courts would have a hearing to determine the best interest of the child. It gets complicated. I would advise your daughter to make an appointment.
Answered on Apr 16th, 2012 at 5:03 PM