Important question, please help!

[JMichelle]

What is the name of your state (only U.S. law)? Texas

I recently left a man that I was never married to, but lived with and have a 3 month old child with. This man was abusive and had substance abuse problems, which finally caused me to leave him since I did not want to raise a child in that type of environment.
Having a child inevitably makes a parent pose the question' "What will happen to my child in the event of my death?" This has been something I have been agonizing over. I want to write a will that plainly states that I want my child to be raised by family. I want to ensure that my baby's best interests are secured and I know that she will benefit most being raised by my family rather that her biological father if something should happen to me. My question is if I can legally do this? I know that she would not be safe with this man and the sheer thought of it makes me cringe. Any help would be greatly appreciated.

Also, if I use the free will form online, is the document still legitimate or should I use software or hire an attorney?

[ShyCat]

My question is if I can legally do this?

No. Children are not property to be distributed by a will. You can name a guardian in your will but a judge will ultimately decide. Unless and until his parental rights are terminated, the biological father is the obvious first choice.

I know that she would not be safe with this man and the sheer thought of it makes me cringe.

Sorry, but you have only yourself to blame for that. You chose him to be the father of your child. You'll just have to learn to live with the consequences of that choice.

[JMichelle]

Actually, he didn't become abusive or begin drinking heavily until I became pregnant. So no, I did not choose the "man" he is today as my child's father, but thanks for being rude and presumptuous

[ShyCat]

I was not rude, nor was I presumptious. I gave a factual answer based on a simple truth: you chose him and it's too late to unchoose him. I made no presumption that he was abusive before or after. While it may make you feel more virtuous, that additional piece of information was irrelevent and does not change the answer you received.

[JMichelle]

You are implying that I made a negative choice and now must deal with the consequences of that choice, which is not the case. I am in a tough situation and am simply asking for advice, not to be condemned. If you don't have any useful advice, or cannot refrain from being rude, then I see no point in you posting in this thread.

[curb1]

JMichelle,
You should make an appointment with an attorney. This is very important for you to get good advice. One appointment should not cost much. You will feel better about it, knowing that you gave it your best shot.