Legal Question in Family Law in New York

My soon-to-be husband and I have agreed to joint custody of our child in the divorce. I understand that upon my death, my husband would have custody, but can I set up a will that sets a guardian of who I would like to take care of my child rather than have the father of the child? Custody rights are not transferable upon my death, especially since the father has the biological right, correct?


Asked on 9/20/13, 1:31 pm

1 Answer from Attorneys
Bruce Provda Provda Law Firm

The father would have parental rights in the event if your death. The court might listen to your wishes, but he would have to give up his parental rights for someone else to adopt any children. He can certainly agree to a guardianship if he so desires.

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Answered on 9/20/13, 1:53 pm


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