Legal Question in Family Law in Oklahoma

Re: In the event of my death, as a custodial parent

You can certainly request it. Whether the Court will honor the request is more a matter of "the best interests of the child", so if there is specific evidence of why Dad should not get the kids, keep it in a safe place and remember: Accusations are no good. You need specifics, and witnesses, etc to back it up. You can be sure that Dad will want the kids, so give your heirs all of the info that they will need to win the case.

Re: In the event of my death, as a custodial parent

You can indicate in your will that if you die before your children reach adulthood you wish some specific person to be their guardian, but the surviving parent will, unless there is some very strong evidence of his unfitness for custody, be awarded custody. Regardless of his right to custody, you can maintain control of any assets of your children which they inherit from you. You can designate, in your will, a guardian of the property who will be responsible for controlling the property inherited by your children until they are adults. The guardian of the property could make decisions about if and when any assets could be used for the benefit of the children, and the father would have no right to the assets. If you have some concern about the father's ability to be a good parent, the guardian can exercise some real influence by controlling the purse strings. If there is a step father who is an important part of the children's lives, you could name him guardian of their property. If the biological father does not want custody, or is clearly unfit, or if the children are old enough to make their own preferences clear, the step father or any other appropriate person you name in your will may be granted both custody and guardianship of the property by the court.