Legal Question in Family Law in Florida

Re: custudy in the event of a death

No. You can have standby pre-need guardians appointed now by the court in a guardianship case. You can draft a Declaration Naming Pre-Need Guardian for Minor Child. You can name your parents as the guardians of your son in your will if you pass away and he is still a minor. All of this will be given legal effect and consideration. However, a father's right to custody always trumps that of the grandparents. So, if you just sign an letter and notarize it stating what you said above, it will have little to no legal effect. First, because it is not a recognized legal document like the documents described above. Secondly, he could always change his mind after you pass away and the court could not enforce a non-binding notarized pro se letter (that probably does not meet the basic requirements of a contract) over a father's legal custody rights to his child. Trust me, I have dealt with this very issue before. Hire an attorney and do the things I suggested above. That way at least you have a fighting chance that it will be enforced.