# Did you revise your will? Will it stand up in court?



## MollyMcBudda (Jan 31, 2012)

I do not have a will currently, but I am very concerned that if something were to happen to me, that the courts would naturally rule in favor of my soon-to-be EX husband for custody.
I am really worried about this. He has never been alone with her for longer than a couple hours, has never spent the night with her alone, has never got up to take care of her in the night (she is 13 months old).
If I were to die, is there are way to assign custody in my will? Or at least partial custody?
If I were gone, I am so worried that my family would have no rights to my daughter!! 
Help!


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## 2nd_t!me iz_best (Feb 28, 2011)

most likely he would get custody as the father unless he is ruled unfit.


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## MollyMcBudda (Jan 31, 2012)

So, if I were to collect evidence of him being unfit, would I be able to include that with the documents in my will if I were to die??

Any ideas?


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## Thor (Oct 31, 2011)

Talk to a lawyer and get a good will! A lawyer can tell you how to most effectively control future custody of your child.

Our neighbor across the street was a single mom with three kids aged about 7 to 12. She died of a sudden heart attack, without a will. The father was remarried and is not a stellar person, but he automatically got custody of the kids.


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## 2nd_t!me iz_best (Feb 28, 2011)

i believe you would have to go to family courts and they would have to declare him as unfit.
he would then be stripped of all paternal rights.
definitely see an attorney for this one.


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## papa5280 (Oct 12, 2011)

There also may be substantial differences between states in how they would treat the situation. You need to talk to a family-law lawyer in your state about it.


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## Runs like Dog (Feb 25, 2011)

Hmm that's a tough one. Wills are about property for the most part. For a spouse to assign parental rights to a non parent and strip parental rights from a parent is almost unheard of unless there was a documented current history of legal actions attempting to already strip that parent of some or all rights.


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