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If I write a will out can I give custody of my daughter to who ever I want if I die?

Joliet, IL |

I have full custody and control of my daughter he biological father only has visitation ( which he does not use). Can I have a will made out appointing somebody other than her biological father custody if I die or will my daughters biological father get custody automatically if I where to die?

Attorney Answers 3


  1. Yours is a very difficult question to answer in this general forum. Unless there is a basis to deny the father custody, he will likely be awarded custody if he seeks it. However, If the father does not pay child support and never sees his child, you might be able to have his parental rights terminated through an adoption. Please go see a seasoned family law attorney who also has knowledge of estate planning, adoption and guardianship.


  2. You can yes but that does not mean he cannot contest it if he wants to. The issue would go to court hearing and the judge would decide. In this case he may not even contest it. You need to visit an estate planning attorney to make a good plan.

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  3. yes you can. but there is no guarantee it will work. the surviving parent has a superior right to custody. he would have to be unable to make decisions for himself in order for him not to get custody of her.

    go discuss this with an estate planning attorney who knows something about custody and guardianship law.

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