Legal Question in Family Law in Wisconsin
Sole Legal Custody and death
My husband and I are legally separated, not divorced and I have sole legal custody of my son. Can I place in my will who I want to take over custody of him in case of my death or does custody automatically go to his father? My husband is a substance abuser and this is on the court record. I would not want him or his family to have custody I would want my brother to.
thank you.
1 Answer from Attorneys
Re: Sole Legal Custody and death
You may include it in your will, but it is unlikely to have a signficant impact. The biological father would be presumed to be the appropriate custodian and it would be very difficult to chhange that result shorrt of demonstrating cleaar endangerment of the child in his care.
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