Will my child's father be notified of my guardianship provisions?

What is the name of your state? New Mexico.

I am having a child and the father wants nothing to do with us: no notification of the birth, whether it's a boy or girl, no visitation or involvement at all, and I am not seeking child support. The only concern I have is that in the event of my death, he may want to assume custody.

I plan to name a family relative as the child's guardian in my will. I also plan to structure my estate to remove any financial incentive for the father to seek custody, such that money is paid out only to the guardians I designate if they are granted guardianship, otherwise the amount will be held in trust until the child reaches majority age.

My question is whether the probate court will try to contact the child's biological father as a matter of course before confirming the guardian that I designate. I have no reason to believe that he would otherwise hear of my death or come forward to contest the will.

Any advice is appreciated. Thanks.

Ghislaine

You can name whomever you want in your will but it won't matter, naming a guardian in a will isn't legal and has no legal standing. If bio father ever wants to establish his rights and he's proven to be fit, in the event of your death he would retain custody.

Probate is for belongings, not people. Yours is a child custody question, not a probate question. A probate court cannot grant custody, and a will cannot ordera family court to give it. A bioparent (unless legal rights have been terminated) will always have "first dibs", so to speak, at custody and their rights cannot be willed away by the other parent.

If someday, you are married and have a spouse willing to assume the forever responsibilty for your child, you can attempt to have the biodad terminate their parental rights and have the stepdad adopt. This woyld eliminate biodad's rights.