QUESTION

Making a Will

Asked on Apr 23rd, 2013 on Wills and Probate - Ohio
More details to this question:
I live in Ohio I have a one year old daughter and her father and I were never married and have never been to court over custody. Am I legally allowed to name in a will who would get custody of her if something happens to me?
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1 ANSWER

A parent has the exclusive right to name a guardian for their minor or adult disabled child.  While it needs to be in writing, it does not necessarily need to be in a Will, although that is probably the most common way the guardianship nomination is produced. Your daughter's father is her natural guardian until she is 18 (just like you) solely because he is her biological father, unless he has given up his parental rights or they have been terminated.  If you do not wish for him to be guardian if you should pass away, then it may be appropriate to include that information when you complete your guardianship nomination.  Good luck. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice.
Answered on May 06th, 2013 at 3:28 PM

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