Legal Question in Family Law in New York
My children
I have 3 children my oldest is by someone else i want to do a living will. I have full custody of my son, godforbid something should happen to me i want all of my childen living together with my fiance how can i go about doing that.
1 Answer from Attorneys
Re: My children
A living will in NY only has to do with what will happen to you if you are unable to make health decisions for yourself.
If you want to have your fiance take care of your kids you need to have him adopt them, the easiest way is to get married first. However child support will stop upon adoption.
Another way is to have the eldest's biological father sign an agreement allowing the three children to stay with your finance in case of your passing.
The third and least likely method is for your fiance to petition the court, after you pass, to allow him to have full custody as he has raised the three children together and it is in the best interests of the child.