Legal Question in Family Law in Maryland
if i am married and i have full custody of my chid , and i pass away, my husband is in my will to be the legal guardian of my child. will anyone, including my child biological father be able to contest?
Asked on 4/23/10, 9:03 am
1 Answer from Attorneys
Bill Wood
Law Office of William C. Wood, LLC
Yes. The biological father would have a right to claim custody of the child. His right to do so cannot be extinguished by language in your will. As the biological father, he would have superior rights to a third party, absent a showing that he is unfit or that exceptional circumstances exist. If either can be shown, then the court would decide the case based on the best interest of the child standard.
Answered on 4/28/10, 9:12 am
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