Legal Question in Family Law in Tennessee
legal guardianship
I have two boys by two different dads. When I die, I want my sister to get custody of my children, not their dads. How can I ensure that will happen? I am single but dad's names are on birth certificates.
1 Answer from Attorneys
Re: legal guardianship
If you live in Kentucky when you die, then Kentucky law will most likely apply. In Kentucky, the fathers automatically receive custody UNLESS they can be shown to be unfit.
One strategy is to prepare a will in advance that requests the sister to be the guardian and stating that the father(s) are unfit. This helps get your sister's foot in the door to obtain guardianship but does not make it a sure thing.
There are other strategies that can be considered if your health is currently failing, but it would be best to consult a family law practitioner in such circumstances.
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