Legal Question in Family Law in California
i live in california. im looking to have a will made up mostly so i can appoint guardianship of my 3 month old son to my parents if i were to pass away. his father and i aren't and were never married. he is on his birth certificate but does not take part in his life or support him financially. do i by default have legal sole custody of my son and am i able to give guardianship to my parents without his father being able to fight it or will i have to go through the courts to get sole custody of him before i put that in my will?
1 Answer from Attorneys
Your will has no legal effect in the care of your child after you die. Any such provision in your will has no effect but to make the court aware of your wishes, which will carry little or no weight. The father will automatically get full legal custody no matter what you do now regarding custody or what you say in your will. For that to change, he will have to voluntarily give guardianship to your parents, or they will have to take him to court and establish that he is an unfit parent and they should be appointed guardians (VERY hard to do if he is not in jail, an addict, or a proven domestic violence perp).