Legal Question in Family Law in Florida
Can my ex get my son if I pass away
My son is 3 and father no contact for over 2 years but does child support. I am doing a will and wondering if i can put who i want to guardian my son, or do they automatically contact my ex who would take him but i would not want that.
2 Answers from Attorneys
Re: Can my ex get my son if I pass away
Your designation will have more weight
if you presently have legal custody pursuant to a court order.
Re: Can my ex get my son if I pass away
The other biological parent is automatically a legal guardian as long as parental rights have not been terminated. That doesn't mean that you cannot nominate someone else in your will. The father may pass away before you do. Just keep in mind that your nomination is not an appointment. The court makes the final decision as to who will be guardian of the child.
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