Legal Question in Family Law in California
I have a four year old daughter she lives with her mom, and grandparents. The mother of my daughter tells me that she is going to make a will, and upon her death she would like our daughter to continue living with her grandparents, not me. can this really happen? we share joint custody of our child together.
2 Answers from Attorneys
Parents have no control over who has custody over their children after they die. Appointments of guardians in wills are nothing but requests/recommendations. If the child has a surviving parent, unless that parent is so unfit as to have parental rights terminated, or the surviving parent agrees otherwise, the child goes to the surviving parent.
I agree with Mr. McCormick. Wills are used for passing property, not for passing children. If you have joint custody, and your wife dies, your daughter would come to live with you. The grandparents would have to prove you were an unfit parent.
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