Legal Question in Wills and Trusts in Florida

Re: custody and wills

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No. Your daughter is not a possession that you can "leave" to your parents or anyone else. You can make your desires or suggestions for the care of your child known in your Will but it will not necessarily be controlling.

Keep in mind that you said that you have joint custody (which is probably actually joint parental responsibility). What would give you the right in your Will to take away the lawful rights of your former spouse? Would you want your spouse to be able to arbitrarily take away your rights?

Florida recognizes the rights of a surviving parent are paramount over everyone else, unless there are valid reasons of a substantial nature that would make a court decide otherwise.

Scott R. Jay, Esq.