Legal Question in Family Law in Washington

Re: How can I specify who gets custody if I should die?

The fathers have a presumptive right to parental authority. A couple of approaches may be practical, although both have the potential to be expensive (and either approach will involve two separate actions (as the children have different fathers)).

One option is for you to create a standby guardianship for your children, but unlike most such guardianships you will want to get this one adjudicated (with a finding that the father is an unfit parent) prior to your death.

Another option would be under an existing parenting plan (or if no such parenting plan exists to get one) and simultaneously a determination that the father is not a fit parent.

In either course you are going to need to have a court make a finding that the father is an unfit parent and the burden (not a light one) is on you to prove it.

Another alternative is to do terminations of parental rights (could be inexpensive if the fathers are cooperative).

In any event you don't want to leave this situation for somebody else to have to litigate after your death, because the presumption is that the other parent is the appropriate party for the children to be with if they assert their authority.