So I want to make a will. So me and my Daughers father arnt together and I have full custody of our daughter besides he gets her for 4 hrs a week and that’s all. So the question is if I did pass away do I get to pick where my child goes or does she just go to her father? Do i get a say that my family still gets to see her?
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Generally speaking, the child would go to their other parent unless there’s extreme restrictions.
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I would hope that if the other parent can’t be proven unfit, then they would get custody.
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I say go get your self a family lawyer
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It would be something I would talk to a solicitor about if you are concerned and would rather her stay with your family
Must be some reason hes only allowed to see her 4hr per week so depending on the circumstances she will go to your family and carry on contact with him as normal.
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Depending on the state you are in there is grandparents rights.In most cases the child would live with the (in this case) the father but your parents would have rights to see the child
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I was always told depending on the age of the child, (13+ you get to choose the family member.) If you put it in the will then they have to do a investigation to make sure he is seen fit.
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I made a will and even tho my kids father is on their birth certificate my kids will go to my best friend. She will have guardianship over them. My husbands(their father) family will not have anything to do with my kids if something happens to me. It has been nortized and signed by all of us so it is legal
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She would go to the next living parent , a living will is only useful in this situation as far as your last wishes for your home ,belongings , finances and funeral preference
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I agree with ShelbyyLinn unless her father has crazy restrictions or was deemed unsafe she would go to her father. Usually if rights weren’t terminated and they had visitation the father would get the child. Also you can’t demand someone let someone see the child. Your family would most likely have to go to court for their rights if he were to not to allow them to see her. A will is more or less to devide assets and detail how you’d like to be buried and how you’d like things to be slip up among your family. A child is not property.
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Even with a will it’s the courts decision where the child goes
That came from two lawyers
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It depends on if you have full decision making. Full custody doesn’t mean full decision making though.
You can name someone else but a court would probably still give dad custody and your parents would have to file for grandparents rights.
Ok so in every state, the child goes to the other parent unless they have bn proven unfit and yuu went through the courts while you were still here to make sure that didn’t happen. Some states have grandparents rights (I’m in Indiana and we do here). So you need to look into that in your state, if ur state has them then yes you can set that up in the event of your death but otherwise she will go to her dad and he will be the one with all custody and say so. I’m sorry for that but definitely look into your state, family attorneys will often do a free consult and you can ask these questions.
You can request in the will where you want her to go and list the reasons why. But ultimately it is up to the judge. I am in the same situation and that is in my will and the only way I could do it.
She would go to the father before anyone else.
These types of things are best handled legally, through a lawyer that is KNOWLEDGEABLE in family law. Several people have suggested this plan.
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In our custody agreement it has it crossed out where my bonus son would go to his bio mom. It doesn’t even give an option. It’s at the very back of the agreement.Talk to an attorney to get an answer. Every state is different
You can leave your wishes in a living will but her dad can take it to the courts and get her. Mine and my husbands living will states she goes to the next living parent and if that isn’t an option she goes to my mom and if that isn’t an option she goes to her Aunt and uncle. The only thing that would change that is if one of them were count unfit.
You need to put in your will who you want her to go to so that if he did fight for her, they have a leg to stand on in court. It doesn’t mean that he won’t get her, but it’ll give your designated people a chance.
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I agree with suzanne… this is a question for family law attorneys that are familiar with your state regulations and can review your specific situation to create something that is legally binding. Any notarized docs, or private agreements sadly are not enforceable or even legal requests. Please seek out legal counsel. As a person who has been an executor of several estates etc… lots of wills, last wishes, etc are STILL subject to interpretation by courts and lawyers… I’ve seen several people who didnt have their wishes fulfilled due to poor planning and no legally binding documents.
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If the father is not unfit he gets her.But really once youre dead you have no say so. Not trying sound mean & its sad but its the truth. If the father is fit, he should get her.
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Well normally goes to the living biologic parent
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No you can choose especially if it states it in the will as this is also what I shall be doing and I know a couple of people who have to x
Depends why the court gave him only 4 hours a week . Is he an unfit parent are the visitations supervised ? U can make a living will but u never know
It honestly depends on how your custody papers are written out, most of the time though they will give the child to the father if you pass away unless he’s proven unfit for any reason but I do believe that you can have your will and stipulate your wishes on that will but it will not be legal unless you get it notarized. I would advise you to talk to a lawyer that is knowledgeable about family law and is good at doing Wills living wills and knows what he’s doing or she is doing to get more accurate information about this.
Talk to a family lawyer
I got married so that my husband can legally adopt my daughter so that she won’t have to go to her bio dad. I mean, why should she go to some alcoholic drug addicted guy that she has literally never met and in a completely different state too?
You do need to put these kinds of things in a will. A lawyer can help you with all of that.
Best to talk to a lawyer and find out for sure
You can say who you want your child to go with but the other parent always has first rights over the child if they’re involved. All they need to do os contest it and tale it to court. Courts rule in the best interest of the child and if they feel the father is best, that’s who the child will go with.
Write a livimg will now and have a copy with your mum, doctor and possible lawyer. Its your last wishes just in case and especially a living will so if anything happens you already have a say. (like if something happens to me my oldest son will get custody of my youngest son so he’ll never set foot in foster care and my oldest gets everything. Car, deposits, cash, etc) no one can contest my wishes because its already signed in front of a judge. (i went that extra for my boys)
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She will go to her father, unless he’s proven unfit in a court of law
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Courts will decide cause parents have rights ya know
Would the dad sign off on your wishes? If he’s willing to sign in advance that he will give up his rights so someone better equipped can take care of your child that might help. But again, ask a family law professional. And I pray you stay healthy so this will be a moot point! 
It also depends on the grandparent right laws in your state uf the courts award custody to him at your death. Some state laws oritect the grandparent visitation rughts and some do not !!!
Get advice from a professional
She SHOULD go to her father