Legal Question in Wills and Trusts in Illinois

Child Custody After Death of Parent

I am divorced from my child's father with sole custody.

He has weekly visitations with her. We are currently still

in dispute over issues of authority concerning child. I

am going back to court to petition modification of the

visitation schedule because of all the continuous

conflict. I have remarried and pregant withmy second

child. My husband and I are preparing a will. Can I elect

legal guardianship for my daughter in case of my death

or does the father automatically get custody over child?

Is there anything my husband(step-father) can do to

stay a permanent part of my daughter's up bringing? I

absolutely do not want the child's father to have sole

custody. Do I have to prove why?


Asked on 11/26/05, 3:18 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Child Custody After Death of Parent

The biological parent usually has the right to obtain custody in the event that something happens to the custodial parent, unless the judge determines that it is not in the best interest of the child.

However, if you are concerned about your ex obtaining full custody, you may name a person(s) as guardian in your Will and then discuss the situation with your family to be sure that everyone knows your wishes.

The person you name will then have standing in court to contest the custody rights of your ex; however, it will ultimately be up to the judge to decide.

If you are concerned about your ex having custody for reasons that are potentially detrimental to your child, I would advise that you discuss this matter with your divorce/custody attorney to see how it should be addressed.

Good luck to you.

Read more
Answered on 11/26/05, 3:43 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois