Legal Question in Family Law in North Carolina
If I state in my will I want my parents to care for my daughter in the case of my death could her father take full custody of her, even though he has never had contact with her or listed on her birth certificate.
2 Answers from Attorneys
Yes. A biological parent has more rights than grandparents. If he has truly had no contact then you should consider an action to terminate his parental rights. But if he is paying support or is otherwise active in his child's life then that is not an option.
You may state your preferance for the care of your daughter in a will but it does not carry any real legal weight. You can not give your daughter away in a will as if she were a piece of property. Of course, the father taking automatic custody is not necessarily the case either. If the father is completely unable to care for the child properly, DSS may become involved and they may consider your parents to have custody. Then again, why leave anything to chance? If the father's rights can be terminated - the odds of your parents gaining custody are much better.
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