Legal Question in Family Law in Illinois

Child custody after death

I have full custody of my son and was wondering, in the event of my death, if my will specified legal guardianship to someone other than my exhusband, would that be able to be upheld in court?


Asked on 9/10/07, 9:16 am

1 Answer from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: Child custody after death

It depends. If the father is involved and not a "horrible" and abusive parent the courts must give strong deferrence to a natural parent. And assuming he would attempt to get custody he'd likely be successful. It doesn't hurt to name someone else in a will just in case the father isn't around.

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Answered on 9/10/07, 2:01 pm


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