What is the name of your state? Virginia
After a recent scare on a plane I realized that, should I die my daughter's father would most likely gain custody of our daughter. We have never been married, although she has his last name. I have custody of her, he sees her on the weekends.
However, should I die, I do not want him to raise my daughter. Unfortunately I don't have any hard evidence of why this would not be in the best interest of my daughter, other than the fact that he is not very responsibile and he was raised in a physically and verbally abusive home. It just boils down to us having different morals, education, parenting stlyes, and overall genuine love for our child. We are both in our 30's.
I was wondering if I were to create a living will requesting custody to go to my mom and dad, or my sister and her husband, if that would uphold in court. I am assuming he would fight them if it came down to this, but it's something I need to think about.
Does a judge take into consideration who the child (she is four now) prefers to live with, or what would be in the best interest of the child? (I know for a fact that she would prefer to live with my parents, or my sister's family.) Or would the father automatically recieve custody?
The father is currently (and most likely will always be) living with his father. It is not an environment for a child, as there are frequent parties, etc. His mother also lives near by, however that is not a safe environment either, as she is an alcoholic.
All of my family lives in Florida, so obviously my duaghter would have to move away from her father if an event like this were to happen.
Please advice me if a living will would be sufficient to handle a custody request like this, or if there is something that would be more efficient to use.
Thanks
After a recent scare on a plane I realized that, should I die my daughter's father would most likely gain custody of our daughter. We have never been married, although she has his last name. I have custody of her, he sees her on the weekends.
However, should I die, I do not want him to raise my daughter. Unfortunately I don't have any hard evidence of why this would not be in the best interest of my daughter, other than the fact that he is not very responsibile and he was raised in a physically and verbally abusive home. It just boils down to us having different morals, education, parenting stlyes, and overall genuine love for our child. We are both in our 30's.
I was wondering if I were to create a living will requesting custody to go to my mom and dad, or my sister and her husband, if that would uphold in court. I am assuming he would fight them if it came down to this, but it's something I need to think about.
Does a judge take into consideration who the child (she is four now) prefers to live with, or what would be in the best interest of the child? (I know for a fact that she would prefer to live with my parents, or my sister's family.) Or would the father automatically recieve custody?
The father is currently (and most likely will always be) living with his father. It is not an environment for a child, as there are frequent parties, etc. His mother also lives near by, however that is not a safe environment either, as she is an alcoholic.
All of my family lives in Florida, so obviously my duaghter would have to move away from her father if an event like this were to happen.
Please advice me if a living will would be sufficient to handle a custody request like this, or if there is something that would be more efficient to use.
Thanks
