Child custody question?

Question

I have full custody of both of my daughters. My oldest daughters dad is on the birth certificate, but when we divorced I received full-custody over her. He is on paper only allowed supervised visitations. I worry that if I die he will recieve custody (he was just released from prison a couple months ago (he did a little more than six years). My question: since I have full cutody can I give my brother half of the custody? This way if anything happened to me I would know she was being well taken care of? Thanks.

Answer 1

Being on the birth certificate doesn't mean anything. Make a will AND a living will, and leave custody of her to your brother. Your ex would have to contest it, and considering his legal problems, I doubt he'd get custody.

Answer 2

Because laws vary from State to State, talk to a family law Attorney. If you can't afford one, call a law answer line that can answer the question for you. Whatever you do, get a attorney to get it in writing, and give access to the person you want to get custody. If the papers a re not available and something happens to you, nobody would have a clue as to what your desires are. Kind of like DNR orders and living wills.

Answer 3

You definatly need to talk to your lawyer/estate planner. I know married couples can "will" their children to other people upon their death. And I'm fairly sure that if there were no prior written documentation upon your death that the children would go to the closest living suitible relative which would be their father. And I would not put my trust in a court finding a blood father unsuitable unless is prison sentence was for a violent crime. But please definatly talk to your lawyer.

Answer 4

Get a will! I know you can state your custodial preference there, but I'm not sure if it will override bio parent. The attorney who prepares your will would be able to tell you for sure in your state.