Can we do this??

My husband and I both have sole physical and legal custody of our children from previous marriages.

I am wondering if when we do our will's, can we will guardianship of the kids to each other? The reason for this is that the other parents are not fit to have custody as already proven by the courts. Both of them are only allowed supervised visits due to past and current behaviors.

We do not want to keep them out of the kids lives, but we do not want the children going back into a bad situation either. The visitation times would remain the same, just that the step parent of that particular child would retain guardianship.

Can we do it??

The court retains ultimate control over guardianships, and while the natural parent normally gets custody in such situations, despite what a will says, if the facts are strong, the court will consider them. The longer the step brothers and sisters live together, the more the courts are likely to allow it to continue also.