Legal Question in Family Law in Kentucky

If I have sole custody of my daughter, who is 3. Can I create a last will stating if something were to happen to me, my parents would resume the custody role? Father not involved in her life.


Asked on 4/18/11, 2:33 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Sole custody does not translate over to the estate planning arena. You can include a provision in your will naming your parents as guardians, but it is within the judge's discretion to not follow that particular request. You should include languge in the will that states that it is not in the best interest of the child for the father to have custody. In Kentucky, that is about as good as you can do unless you take action now to establish joint custody with your parents.

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Answered on 4/19/11, 8:22 am


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