Legal Question in Family Law in New York

I have a 9yr old daughter that does not see her biological father at all. She thinks my husband is her father. He pays child support but has not seen her once since our divorce. She has alot of anxiety problems that makes her not talk in school and to people she does not know. If something would happen to me where would my daughter go? Also, what paperwork do I need to fill out to say who she would go with if something was to happen to me.


Asked on 1/30/11, 6:15 am

1 Answer from Attorneys

Paula McGill Attorney at Law

You can write your will to designate a guardian of the property and guardian of the person. Although you may have the same person for the positions, it's essential you make separate designations for each position. Indeed, should you die, the father or someone in his family may seek custody. Even if they are successful, they wouldn't have control of any life insurance policy or other asset you pass down to your daughter.

Therefore, you should consult with counsel to draft a will (and possibly a trust).

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Answered on 1/30/11, 1:43 pm


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