Legal Question in Family Law in California

If something happens to me, custody goes too...?

I have primary physical custody and joint legal custody of my daughter. We currently live with my parents and have since my daughter was born (she's one) and my question is this, if something were to happen to me, if I were to die, would her father then get custody of her? Could I draw up a will of some sort requesting that she continue to live with my parents and give them primary physical custody of her? Obviously visitation and what not with her dad would continue like normal, I was just wondering if it was at all possible to do that.


Asked on 3/08/05, 1:25 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: If something happens to me, custody goes too...?

You can prepare a will naming your parents as the child's guardians. This however, will not defeat the father's bid for custody. California child custody law was modified in January 2002. This change in the law gave individuals that act as parents a better option for obtaining custody.

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Answered on 3/10/05, 1:33 am


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