Legal Question in Wills and Trusts in Maryland

I have joint legal custody of my infant daughter and sole physical custody. Her father, my boyfriend, is a good father for the most part, however if something were to happen to me, I don't think he could handle her fulltime. He has made comments that IF something were to happen, he'd move back to his home state and have his mom take care of her. I don't agree with this. We live directly next door to my parents, and they see her everyday and help with her. I would rather she stay with them, and let her father have her every other weekend and see her whenever he wants. Since I have full physical custody, can I have a will drawn up giving my parents guardianship?


Asked on 2/01/12, 4:42 am

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

Generally the biological parents are presumed the best custodians for their children. Ordinarily one cannot name a non-parent as guardian over the other parent's objections. More precisely, one could list someone else in a will but the law usually prefers the living parent unless parental rights have been terminated. However, grandparents can petition for guardianship or a biological parent (such as your child's father) can voluntarily agree to such a custodial arrangement.

Note that this general information doesn't substitute for independent legal review of your specific situation.

Read more
Answered on 2/07/12, 10:49 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Maryland