Legal Question in Family Law in Utah

Living Will Questions

Hello-

I have a couple of questions I was hoping you might be able to help me with. I'm getting married next month and my fiance has a 3 year old girl from a previous marriage. She has 100% physical custody and shares 50/50 legal custody with her ex for the child.

Once we're married, we would like to creat a living will stating that if something should happen to her, I would be able to still have custody of the daughter. Also, we would like to write into the living will that if something should happen to us, her daughter and any children we will have together will remain together.

First of all, is this something that is even possible to do without having to have the ex sign custody over to me?

Second of all, how would we go about to writing a living will and are there any local lawyers you would recommend that aren't overly expensive?

Thank you for your help.


Asked on 2/27/07, 1:44 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Living Will Questions

The birth father may have superior rights to your fiance. You can prepare the will (not a living will) to direct your choice of custody, which will be presented to the court, but the court is not bound by your preference, and the birth parent will have the right to claim custody. The court will consider the competency of those who claim custody. I perform these services at a reasonable price.

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Answered on 2/27/07, 1:51 pm


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