Legal Question in Wills and Trusts in North Carolina

My ex wife has coustdy of my kids,an wants to will them to her mother.What can i do to make sure they come to me,instead of her mother..


Asked on 1/25/11, 2:18 pm

1 Answer from Attorneys

Nothing. Your ex-wife can name a guardian of the children in her will if she so chooses.

Unless your wife dies before your children are age 18, it will not be an issue. If the unthinkable does happen, then it would be up to you and the grandmother and the court to decide if the children would be better off with you, the natural parent, or the grandmother.

My question to you is what kind of custody does your ex wife have? Joint legal custody and shared physical custody with you or sole legal and physical custody? If the latter, why? There has to be a reason and unless I know the circumstances, its hard to provide better advice.

I also need to know when the custody order was entered. Just because your ex wife has custody today does not mean that this is permanent. Why can't you seek custody in the future? Or get greater visitation?

The more involved you are with your children now the better it will be in the event something happens to your wife if your children are under 18 at the time of her death.

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Answered on 1/28/11, 8:18 am


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