Legal Question in Family Law in Maryland
after divorce, in the event of the death of the custodial parent, can a will be developed for alternate custody arrangements other thatn the other noncustodial parent
3 Answers from Attorneys
We need to discuss the many matters that apply to your question. Alternatively we may need to pursue a change in custody. Contact me to discuss.
The custodial parent can put such language in his/her will, but it would not prevent the other parent from seeking custody in the event of the custodial parent's death. The court would usually give a biological parent preference, unless the noncustodial parent has failed to maintain a relationship with the children by way of visitation, etc.
The custodial parent can name a guardian of her children other than the surviving biological parent. However, upon the death of the custodial parent, the non-custodial parent will automatically receive custody under MOST circumstances. The courts tend to favor biological parents over everyone else, but there are exceptions. Call if you would like to discuss.