Legal Question in Wills and Trusts in California

A Will because of Joint custody.
Is there a Will that would grant guardianship to a family member versus a father who was recently granted joint custody, in the event of the mother�s death?
Father was recently awarded joint custody. Father has seen 4 yr old twice in her entire 4 yrs of life. Father resides in NC, mother and child live in CA. Father requested joint custody in hopes of lowering child support. Mother has pages of emails where father states before child�s birth, father stated vial comments towards child. After joint custody father makes statements of no regard for child. Mother would like to leave guardianship of 4 yr old and 2 older children from another marriage to a family member that has been there for children since birth in the event of her death.

Asked on 5/12/08, 11:35 pm

Mitchell Roth MW Roth, Professional Law Corporation

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Re: A Will because of Joint custody.

No. Absent court order to the contrary, a natural parent is entitled to custody if the other natural parent dies.

Answered on 5/15/08, 4:56 pm

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