Legal Question in Family Law in Illinois

I am a mother of a 15 & 13 year old. Their father has never paid child support (he has never had a job) and will only see them when it is convenient for him. I got married and want to put a will together, but do not want their biological father to try to get the children because of the money that would be left to them if I pass. What should I do? Can I leave custody request with their stepfather (the man who already helps take care of them)?


Asked on 10/05/09, 12:43 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Yes you can. I would advise that you explain in your Will your preference for your husband to have custody of the children. Also, if you are concerned about any money going to your ex because of the children, you should extablish a Children's Trust and name you current husband as the Trustee for the benefit of your minor children. That way any funds going to your children will be controlled by your current husband and not by the children's father.

You may also want to consider going to court and having your husband appointed presently as a guardian of your children. You will have to give notice to your ex but he's not likely to be able to prevent a guardianship (not custody) with your husband under this set of facts.

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Answered on 10/10/09, 1:22 pm


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