How can I make sure my husbad does not get custody of my children after I die? 3 Answers as of August 02, 2011

I am going threw some medical problems and want to make a living will to make sure my kids go to there aunt in case something happens to me. There father has not been around for over two years and has not even made contact with them. I have filed for child support and he has managed to duck the system for two years now. I just want to make sure that if something was to happen to me that he can not decide their future. He also has 4 kids since then. I am trying to this in the best interest of my childrens future. And my kids whee also born in the state of Florida. How would I go about doing this?

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Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
It is very difficult to keep the children from their father upon your death, particularly if you have joint legal custody. If he has no involvement with the children, you could request that he agree to terminate his parental rights. While you may be able to execute a will which would have the children go to their aunt, however if the father seeks to assert his rights, he could contest the guardianship and absent any reasons that he is unfit, the court would likely award him custody of the children.
Answer Applies to: California
Replied: 8/2/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
You can include this in your will. However, by operation of law, your ex would get custody of the children was he privy to the fact of your passing and had some knowledge of the law.
Answer Applies to: California
Replied: 8/2/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Generally the natural father of the child would have right to custody of the children if you were to die. Even if you put your desires in your will the court will determine after you death whether it is in the best interest of the children to live with their father or another person.
Answer Applies to: California
Replied: 8/2/2011
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