Legal Question in Family Law in Missouri
will and custody of my child
Im getting married on june 1st. my oldest child is 12 and is not the child of my fiance. i want to make a will so that my fiance or whoever i choose, that my son will go to without him going to his biological father who has not seen at all and has not part in his life. If i die will my will be honored?? Or will the court give him to his biological father which i do not want at all. Is it better to make my fiance a legal guardian?? will that hold more ground? Please i need an answer i want the best for my son and the best is NOT his biological father. Can you help me in the matter?
1 Answer from Attorneys
Re: will and custody of my child
You could name anyone of your choosing as a guardian for your minor child in Your Will, but if the biological father is also the legal father then his rights to custody of the child would prevail. I would suggest that you could marry your fiancee and then go through a step parent adoption, and then your husband's legal rights would prevail.
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