Legal Question in Family Law in Massachusetts
In the event of my death, does my ex get my children?
I have full physical custody of my two daughters, but I share legal custody with their mother. In the event of my death, I would like full physical custody to go to my new wife, a much more capable caregiver. Is there any way that this is possible, or does full custody automatically go to their bio mom?
1 Answer from Attorneys
Re: In the event of my death, does my ex get my children?
You can ask the Court to appoint your current spouse as guardian via will, and you can ask you wife to seek guardianship. However, the mother must be "unfit" to be refused custody, not merely "not as good a care giver." If a court decision has found her unfit, you have a leg up on this. However, it could be a very difficult fight to win, depending on overall circumstances.
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