Legal Question in Family Law in Iowa

Does my son have to live with his father if I die?

My ex & I have joint custody of my 17 year old son, I have physical custody. If I die before he reaches 18, does he have to live with his father. He does not want to and I would like to make some arrangement in my will to make it possible for him to become emancipated from his father. My brother has agreed to take him into his home. Is this the right course of action?


Asked on 3/08/05, 12:40 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: Does my son have to live with his father if I die?

I do not think you can decide the rights of third parties in a will or in any other document. The boy's father has parental rights and he's next in line if you pass on.

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Answered on 3/08/05, 2:30 pm


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