Legal Question in Family Law in North Dakota
Custody of child if one parent dies.
I have a son from a previous relationship. His biological father has never seen him or wanted anything to do with him. He only pays child support.
I am now married and my current husband is the only dad my son has ever know. If I were to pass away, would custody of my child automatically go to his biological father? Would creating a will and stating I want custody of my son to go to my husband prevent his biological father from automatically getting custody of my son?
Thank you!
1 Answer from Attorneys
Re: Custody of child if one parent dies.
You cannot Will or Contract custody rights to your husband, that to supercede custody rights of your child's natural father.
However, you can ask the natural father if he would object to your husband adopting your son. If he consents, you can then pursue adoption to a Final Order.
The natural father's Child support would cease and all other rights and obligations, including visitation and custody.
Good luck,
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