Legal Question in Family Law in Florida

Step Parent

If I die, can I leave my husband with custody of my children from a previous relationship (not married), if I have primary custody?


Asked on 7/16/09, 8:35 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Step Parent

You are permitted to dictate in your will who will have custody of your children when you die. The court will be bound by your will.

However, if the other biological parent is alive when you die, he can take custody of your children and override your will.

Mr. Slater, the other lawyer who answered you, must have misunderstood your question.

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Answered on 7/17/09, 8:46 am
David Slater David P. Slater, Esq.

Re: Step Parent

A court would not be bound by your direction.The best interests of the child would dictate.

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Answered on 7/16/09, 10:12 pm


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