Legal Question in Family Law in Arizona

I am the mother of two young boys who are the world to me. I am divorced from their father and have sole legal and physical custody. Due to his uninvolvment and drug/alcohol use, the court even awarded visitation "at mother's discretion". My ex lives in a different state, has no contact whatsoever with my boys (despite my efforts), and does not pay child support. I am now remarried and my boys consider him their "dad".

Here is my concern: In the event (God forbid) of an untimely death of me, what can I do to be sure that my children are not sent to live with their biological father whom they barely remember and whos lifestyle has been so destructive? I would appreciate any advice you may give me in regards to my question.

Thank you


Asked on 12/31/09, 11:38 am

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Thank you for your email.

You have a couple of options. If you have remarried, you might consider asking your ex-husband to consent to allowing your new spouse to adopt the children. This would terminate the legal relationship between the father and the children and therefore prevent him from asserting rights to the children in the future.

Another option is to create a Will and ensure that you have designated legal guardians for the children in the event of your death. Although a Will might not overcome the father's claim to exercise his rights, it would certainly tell the court your preferences, and give a third-party the ability to pursue legal guardianship if the father is unable/unwilling to care for the children himself.

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Answered on 1/05/10, 1:27 pm


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