I am 31 years old and have 2 children from my previous marriage. I'm remarried and am looking into writing a will. (I'll obviously ask this question to the lawyer when I'm making out the will, but in the meantime thought I'd ask here to see if anyone knew.) Can I include in a will that my children maintain a relationship (or visitation) with their step dad in the event of my death? I'm not asking about custody, just maintaining a relationship. This is something I would need to have in place if possible because my ex husband would not do this of his own free will. (He's very insecure and has never wanted any other father figures in the kids lives - but that's a completely different topic) :) Thanks!!
2007-07-07 15:30:27 · 4 answers · asked by thelilred_whocould 1 in Politics & Government ➔ Law & Ethics
You can write in you will that you want that, but there is no way to enforce it, because their father will be their sole parent and won't have to follow it.
You could create a trust in the will naming step dad as the trustee, wiith directions that everytime step-dad gets visitation of kids ex-husband (their father) is paid X dollars, risidual to the children when the youngest reaches 18. (Yes this does mean you have to give money to a guy don't really like) This won't guarentee your ex allows your children to maintain a relationship but may coax it along.
You should probably should but all the money that you are giving your kids in a trust with current husband as trustee.
2007-07-07 16:03:00 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I find it somehow very difficult to enforce. How do you define relationship? How do you mean maintaining a relationship? I visit my father but I don't like him (in my heart). Is that a good relationship? I go to my dad's house for a few minutes and left. Is that a good relationship? It is never a good idea to force someone to maintain a good relationship with another person. It does not matter who they are. If you really want to insert this clause into your will, your lawyer would have a tough time to cover every loophole.
2007-07-07 22:43:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You can put it in your will as "In the event of my death, it would be my express wish and hope that my children maintain a positive relationship with their stepfather." As another answerer said, such a wish cannot be enforced, but at least it would be made known as something you wanted to happen.
2007-07-07 22:40:56 · answer #3 · answered by TitoBob 7 · 0⤊ 0⤋
You can put anything you want in a will. Enforcement is another issue.
2007-07-07 22:37:29 · answer #4 · answered by Lorenzo H 3 · 0⤊ 0⤋