Legal Question in Family Law in Maryland
Making my wife primary custodian of children from previous marraige
I have full custody of my three children per a year 2000 court order in Washington State, however, I have resided in Maryland since March of 2006. I remarried in June 2007 (I was divorced from the mother of my children in 1997). Under the current custody order, the ex-wife has very limited contact or visitation and because of issues with mental health, criminal history, and detrimental behavior towards the children I would like to keep it that way. However, I wish to assure through legal means that if something happens to me (death or incapacitation) that my wife now would be designated as primary caregiver/custodian for the children. My children are ages 12, 11, 10, and in a twist, my youngest child is not my biological child (she is related to my older children through their mother, I have third party guardianship over the youngest child).
What means can I use legally (living will, last will, court orders, etc...) to assure my wife would be primary caregiver to my children and that the children's mothers would remain with limited access to the children?
1 Answer from Attorneys
Re: Making my wife primary custodian of children from previous marraige
You can provide in your will that upon your death you appoint your wife as guardian of your children. However, if their mother challenges this at that time, she could regain custody, because the bio mother has priority over the stepmother, all other things being equal. But if the biomom's history is such that it would be adverse to the best interests of the children to be under her custody, your wife may prevail.
As to your incapacitation, your wife would have to file a court petition for temporary guardianship. The biomom would have to be notified so she could try and intervene if she is inclined to do so. However, courts are reluctant to disrupt children's lives unless there are compelling reasons to do so, so I think your chances are good that any such intervention would be unsuccessful.
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