Legal Question in Family Law in Illinois
Custody in the event of my death
I have permanent custody of my daughter. My ex- is only entitled to supervised visitation, which she does not exercise. I have since remarried, and have a child with my wife. I am concerned about the custody and care of my daughter in the event of my death. I wish for her to remain with her stepmother and sibling. My wife has not adopted my daughter, but desires to keep her as well.
I am presently preparing a new will which outlines my wishes. What else can I do to ensure that my daughter does not return to her biological mother should I die?
1 Answer from Attorneys
Re: Custody in the event of my death
Its not that easy. The biological mother has certain rights, and you cannot simply will your child's future living arrangements. The court will look to the best interest of the child. eveyone who wants to influence the decision as to where the child goes can go before the judge, but ultimately, NO document (other than a court order) will govern the decision of a judge in regards to child custody.
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