Legal Question in Family Law in Arkansas
What would happen to my kids if i died?
I have 3 children. Paternity has been established for 2 of them. Paternity has not been established for the other. The 2 that paternity has been established for have the same father and although required by the court, he pays no child support. He also has no active part in their life. I was wondering what would happen to my kids if I was to die. I would like for my sister to have custody of them so they could all 3 grow up together. If I establish this in a will, would it be honored?
2 Answers from Attorneys
Re: What would happen to my kids if i died?
If you put it in a will, it would be considered, but the standard is still "the best interests of the child."
Re: What would happen to my kids if i died?
It would depend on several things. One, if the father even wanted to try to gain custody.
The will would be considered as it expresses your wishes, but it wouldn't necessarily be followed if the father wants custody. There would likely be a hearing where a judge would determine what is in the best interests of the child.
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