Legal Question in Family Law in New York

Re: custody

You can name anyone as guardian of the person and property of your child, in a Will.

However, a "natural parent" is generally considered entitled to custody of their child, over all others.

Thus, a Guardianship designation of your chid's "person" and "property" without more, is unlikely to withstand the father's claim for custody and control of his child's resources, if he is not deemed unfit.

You SHOULD not attempt to draft your own documents. CONSULT WITH AN ATTORNEY AND PROVIDE ALL THE DETAILS AND INFORMATION NECESSARY for the attorney to protect your and your child's interests.

Good luck,

Re: custody

You can name anyone as guardian of the person and property of your child, in a Will.

However, a "natural parent" is generally considered entitled to custody of their child, over all others.

Thus, a Guardianship designation of your chid's "person" and "property" without more, is unlikely to withstand the father's claim for custody and control of his child's resources, if he is not deemed unfit.

Therefore, DO NOT attempt to draft your own documents.

CONSULT WITH AN ATTORNEY AND PROVIDE ALL THE DETAILS AND INFORMATION NECESSARY for your attorney to help you to express and enforce your intentions.

Good luck,

Re: custody

You can, but the person should be aware of your wishes and consent to it. Just because the provision of guardianship is in a will doesn't make the provision enforceable if a court determines that some other guardian would be in the best interest of your child. Please do yourself a favor and have a professional help you prepare a valid and enforceable will. What you'll spend in money you'll save your heirs in aggravation.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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