We live in Missouri.
My daughter is pregnant and due to deliver in about a month. She wants to make sure that if something happens to her and she dies during child birth or thereafter, that the child will be put in the care, control and custody of myself (her Mother) and my husband. The reason being: She herself is mildly learning handicapped having Gerstmann's Syndrome. Her husband on the other hand is more than mildly learning handicapped not being able to read or write without having it written for him first. His parents did not pursue the "whys" of his handicap and the school here just passed him on to "get rid of him". He is not a troublesome man, just very ignorant and self conscious of his handicap. Will not pursue getting help on his own becaue of his being ashamed and yet too proud to do so. He claims that he will not be able to take care of the baby when my daugter goes back to work and that she will have to somehow arrange her schedule to care for the baby, do the house work and wait on him, leaving her little time to even sleep with his demands.
She is smart enough to know that if something were to happen to her, this baby would be in trouble being raised by him or his family whom have the same learning disabilities and never asked for help with them.
Can a will be drawn up by her leaving physical custody, care and control of this child to us? Under the circumstances would such a will hold up in court?