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custody in wills

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boeningkids

Junior Member
What is the name of your state (only U.S. law)? new york

can an ex-wife pass in her will to let someone other than the biological father recieve custody of his five children just because she disapproves of his current wife?what are my rights as thier father?
 


nextwife

Senior Member
What is the name of your state (only U.S. law)? new york

can an ex-wife pass in her will to let someone other than the biological father recieve custody of his five children just because she disapproves of his current wife?what are my rights as thier father?
Children are not property - they cannot be left to someone in a will. She can say anything she wants about custody in her will, but it's not enforceable or legally valid. One cannot will away a parent's constitutional right to raise their own child if the other parent is deceased.

In the event of a parent having been declared unfit, that parent may not end up with custody, regardless.
 

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