Legal Question in Family Law in Virginia
Custody of Cildren and Wills
Hello, I have decided that i need to make a will but had a question that i cannot find the answer to. I have two boys and i have full physical custody of them. My ex-husband and i have 50/50 Legal custody. My question is this. With his dangerous job and other factors, can i legaly give physical custody of my children to someone else in the event of my death? He would still have all his same visitation rights etc. Please help!
Asked on 9/24/08, 2:19 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Custody of Cildren and Wills
Sure, you could attempt in your will to give physical custody in the event of your death to someone other than the children's father, but he could challenge it and would very likely prevail in the end.
Answered on 9/24/08, 4:14 pm