Legal Question in Wills and Trusts in New York

Recently a friend passed away and left her 5 year old son behind... I have a almost 7 year old son. She was in a hit and run and it made me start thinking "what if" and such in my life. Now since I am the court ordered sole legal and physical custodial parent would my son go to my ex if I died? He hasn't seen my son in a year and a half, Doesn't pay child support, we were never married and it scares me to death to think my son would go to the complete stranger that is his father. My boyfriend has been more of a father to him in the last almost 3 years that his biological father has been all his life. If I made a will/trust could I leave my boyfriend as his legal guardian should anything happen to me and he wouldn't go to his father? What are my options? My son going to his father should anything happen to me would be extremely unhealthy for my son. Thank you.


Asked on 11/10/13, 6:51 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Does your boyfriend want to be appointed guardian? You can name him, and it would be up to the court to approve, if in the best interests of your son.

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Answered on 11/10/13, 7:10 pm


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