Legal Question in Family Law in Alabama

Custody of minor should I die

I am worried about what would happen to my 7 year old daughter should I die. I have sole custody-he did not even try for custody during the divorce. Her dad lives in another state. My child and I have lived in Alabama since the divorce. Her dad is ALWAYS behind in child support,goes from one live-in girlfriend to another, cannot keep a job, and only sees his child 3-4 times a year. Should anything happen to me, I know he could not provide for her and I would like her to be raised by my parents or my brother and his wife. Do I need to have a will indicating this or would my ex automatically get custody? Would my family have a chance of getting custody of her if it went to court?


Asked on 2/10/03, 1:42 am

1 Answer from Attorneys

Michael McNair M. S. McNair, Attorney-at-Law, P.C.

Re: Custody of minor should I die

You can put who you would like to be the guardian in your will, but that would not be binding if the father is still alive. Another family member would have to petition the court for guardianship or custody and show that the father is not capable of taking care of the child. You need to meet with an attorney and go over all of this with him. good luck.

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Answered on 2/11/03, 11:25 am


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