Legal Question in Family Law in Washington

Re: Incase I passaway I want to help my husband keep custody of my son from his

You bring up several points and I will address them in the order presented.

First, a will cannot act to name your husband as the father of your son (for legal purposes) so that he will have custody of your son in the event of your death.

Second, if the biological father goes to court, you are correct, he will have full parental rights to your son.

Third, your sister is not entitled to custody over the biological father.

Last, there are some options available to you that may prevent the biological father from gaining full custody of your son. You already mentioned adoption and the fact that the biological father probably will not sign over his parental rights. If he has not been paying support or exercising his visitation rights, and you remind him of his financial obligation, he may be more inclined to release those rights. In lieu of that, you could bring an action to terminate his parental rights, based on such facts that amount to abandonment of his rights. Another option is to set up a trust for your son and name your husband as the trustee. This may work to ensure that your husband can at least get some time with your son.

That's all I can tell you from what you have written. I would need a lot more information before I could tell you what the chances of any of my suggestions working are going to be. First, I'd want to know how old is your son? Exactly how often does he see the biological father?

Ultimately, we'd have to speak, so call me if you want further information.