Legal Question in Family Law in Indiana
I am trying to figure out the best option for me in the unfortunate event that something would happen to me (as a single mother). I have a 2 1/2 year old that my sister and her husband would be willing to take care of. Would they be legally aloud to do that if my will states it and the boy's father is never around? I didn't know if it was stated in my will what to do about a guardian for him, if they would still have the legal right to raise him.
Deborah Bolin
1 Answer from Attorneys
The boy's father is still the presumed custodian for him. If his parenting time is restricted by court order, than the court has to have a hearing before that custody would be approved, but the presumptiuon would still exist. You should still have your preferences in your will; there's no telling whether the father will still be around or be willing to take custody.
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