Legal Question in Family Law in Arizona
I have sole legal and physical custody of my three children, their father has not seen them in over four years, however he is paying child support (off and on) my boyfriend has raised my children like his own for the last four years, the biological father and I both agree it is in the best interest of the children for them to stay with my boyfriend if I should pass away, however I want to have something legally binding. Is there any form for this that can be filed with the court.
2 Answers from Attorneys
There are several options you can consider, including: guardianship, custody, termination of parental rights with an adoption in the event you remarry. You can name your boyfriend in your Will as the person you would like to be guardian, however, the father will have rights he can pursue as to custody.
Yes, you could file a binding order that required a will setting forth those terms.
I can draft the agreement for you, and the will for you (he would need someone else to draft his will).
I can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call me directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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