Legal Question in Family Law in California

Hello my question is regarding custody of my children if should die. (I will have major surgery soon and just want to plan) I have been married for 10 years now have a 3 year old and 9 year old. My husband and I are still together but I do not feel he would be able to take care of our children alone. I would rather my sister take sole custody of my children and my husband have visitaion. We have little contact with my husbands family. He is from peru and has stated on several occasions he will take my children to live with his mother there if something should happen to me. My sister takes care of my children while we work and I think she would be a better choice for the stability of the kids. my family are all my kids have known so I just want to know what legal document can i prepare myself (if any) to leave my wishes known and legal ?

p.s if anyone would ask my 9 year old son i am 100% sure he would ask to live with my sister.


Asked on 9/18/09, 2:05 pm

1 Answer from Attorneys

You can make your wishes known in a will or a less formal set of directives. Unless your husband would be totally unfit to raise the children, however, or he agrees to give them up, there is little you can do to force him to let your sister raise them if he doesn't want to.

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Answered on 9/18/09, 2:43 pm


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