Can I make someone other than my children's father their guardian if something happens to me?
My kids dad and I have joint custody. Right now he sees the kids 2 to 4 days a month. He has no license, no "real job" (he works under the table) and not responsible over all. He doesn't support the kids financially now so how will that change? I want my parents or their godparents (my sister andbrother) to care for them as they are in there lives regularly. If I have a Will drawn up with 1 of my family members as the kids guardian will it stand? I would like it to be my family has them as I do now and the kids dad gets them still on his weekends or overnight as he gets them now.
It's highly unlikely that things would work out that way. The law still presumes that natural parents have a higher right to custody of children than anyone else, until and unless they are found to be unfit, to the extent that it is not in the best interests of the children to be with their only living biological parent.
What you can do, though, is to appoint someone to be in charge of your children's inheritance until they're old enough to have it in their own names, so that the father doesn't have access to the money. There are a number of ways to set this up, the simplest of which is a testamentary trust (a trust that is set up as part of your will); a good attorney can help you shape this to best suit your needs.
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