Legal Question in Family Law in Maryland
Guardianship of a child
I have full legal and physical custody of my daughter. If I die, I want to sister and her husband take care of my daughter. By no means do I want my duaghter's father to get custody of her. He is an ex-convict and has not paid his court ordered child support and not provided health insurance for her as ordered in the divorce. Will it be enough for me just to state in my will that I give all rights and custody to my sister, or is there a chance he can fight that and win? What can I do to make sure he won't get her or any of the money I am leaving her?
1 Answer from Attorneys
Re: Guardianship of a child
You can't prevent the father from seeking custody of your daughter if he chooses to do so, by so stating in your will. As the bio parent, he has priority over any collateral relatives. However, the court, in a custody fight between him and your sister, would do what is in the best interest of your daughter in the final analysis.
As for your estate, you can set up a testamentary trust in your will that leaves your estate to your sister as trustee to manage for the benefit of your daughter. There is nothing he could do about that, even if he were able to get custody.
By the way, with regard to his support and insurance delinquency, if he has a source of income you should be seeking an earnings withholding order directed to his employer, and should file a contempt petition over his other violations of the court order. In summary, you have several issues that need immediate legal attention.
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