Legal Question in Family Law in Washington
Non custodial parental rights
I am the custodial parent, and the father of my child has not been consistantly in his life since birth, and I want to know if it is possible to make it so if something happens to me, my son's father would not be granted custody.
1 Answer from Attorneys
Re: Non custodial parental rights
It is not only possible it is highly likely that the child would be placed with the father if something happened to you.
Primary residential placement is only a contest between two living parents. If one is deceased, there is legally no argument about the child going to the other parent.
That said, a will that includes a trust with a designation of a guardian for the child will usually be regarded as an expression of your intent regarding placement of your child.
Children are not property, they can not be willed. BUT money is property, and you can say who gets your money and for what purpose, such as to look after your child.
What you really need, I think, is a decent estate plan. That would solve your issues with any luck.
Hope this helps, Elizabeth Powell
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