Legal guardianship of children in last will

[Armstrong134]

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

I have a friend who in a unhealthy marriage. She has some health concerns that have her worried about her last will and who will have guardianship of her children. Due to unhealthy aspects of her marriage she is trying to figure out if there is a way that custody of her children could be appointed to someone else (other than her husband) if she passed. There are 5 children (3 boys and 2 girls). The three boys biological father is the husband but the 2 older girls both have different fathers of which only one is involved and has 50/50 split custody.

Girl 1: She is the oldest (7yrs) and has a different father than the current husband. Her father has never been involved and the mother has full custody over her. No legal adoption has taken place with the current husband. The mother would preferably like to grant the biological father of Girl 2 custody of Girl 1. The biological father of Girl 2 has agreed that he would take on this responsibility. The mother just wants to know what legal options she has to make it so in her passing her husband would not get custody of Girl 1 and it would be granted to the biological father of Girl 2.

Girl 2: Has a different father than husband and Girl 1. Mother has split 50/50 custody with biological father. In mothers passing custody should go to biological father.

Boys 3,4,5 - are biologically the husbands so Mother doesn't think there is a way to grant guardianship to someone else.

The mother is primarily concerned with Girl 1 since she feels that she is the only one that she may be able to give different guardianship to due to the fact that girl 1's father isn't involved and no legal actions were taken with current husband.

Any help would be appreciated. Sorry if it is a little confusing.

Thanks.

 

[Ohiogal]

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

I have a friend who in a unhealthy marriage. She has some health concerns that have her worried about her last will and who will have guardianship of her children. Due to unhealthy aspects of her marriage she is trying to figure out if there is a way that custody of her children could be appointed to someone else (other than her husband) if she passed. There are 5 children (3 boys and 2 girls). The three boys biological father is the husband but the 2 older girls both have different fathers of which only one is involved and has 50/50 split custody.

Girl 1: She is the oldest (7yrs) and has a different father than the current husband. Her father has never been involved and the mother has full custody over her. No legal adoption has taken place with the current husband. The mother would preferably like to grant the biological father of Girl 2 custody of Girl 1. The biological father of Girl 2 has agreed that he would take on this responsibility. The mother just wants to know what legal options she has to make it so in her passing her husband would not get custody of Girl 1 and it would be granted to the biological father of Girl 2.

Girl 2: Has a different father than husband and Girl 1. Mother has split 50/50 custody with biological father. In mothers passing custody should go to biological father.

Boys 3,4,5 - are biologically the husbands so Mother doesn't think there is a way to grant guardianship to someone else.

The mother is primarily concerned with Girl 1 since she feels that she is the only one that she may be able to give different guardianship to due to the fact that girl 1's father isn't involved and no legal actions were taken with current husband.

Any help would be appreciated. Sorry if it is a little confusing.

Thanks.

Children are not property and cannot be willed. The husband will get custody of his children. Girl two would go to her dad. Girl 1 would go to her father unless he doesn't want custody. Then it would go through the courts and the courts would decide.

 

[LdiJ]

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

I have a friend who in a unhealthy marriage. She has some health concerns that have her worried about her last will and who will have guardianship of her children. Due to unhealthy aspects of her marriage she is trying to figure out if there is a way that custody of her children could be appointed to someone else (other than her husband) if she passed. There are 5 children (3 boys and 2 girls). The three boys biological father is the husband but the 2 older girls both have different fathers of which only one is involved and has 50/50 split custody.

Girl 1: She is the oldest (7yrs) and has a different father than the current husband. Her father has never been involved and the mother has full custody over her. No legal adoption has taken place with the current husband. The mother would preferably like to grant the biological father of Girl 2 custody of Girl 1. The biological father of Girl 2 has agreed that he would take on this responsibility. The mother just wants to know what legal options she has to make it so in her passing her husband would not get custody of Girl 1 and it would be granted to the biological father of Girl 2.

Girl 2: Has a different father than husband and Girl 1. Mother has split 50/50 custody with biological father. In mothers passing custody should go to biological father.

Boys 3,4,5 - are biologically the husbands so Mother doesn't think there is a way to grant guardianship to someone else.

The mother is primarily concerned with Girl 1 since she feels that she is the only one that she may be able to give different guardianship to due to the fact that girl 1's father isn't involved and no legal actions were taken with current husband.

Any help would be appreciated. Sorry if it is a little confusing.

Thanks.

A parent can express their wishes in their will regarding guardianship of children but those wishes are not binding upon the court. Courts frequently respect those wishes, but those wishes are not binding.

However, a stepparent is normally pretty far down the line as to being able to challenge the deceased parent's wishes. Grandparents and aunts/uncles are generally the people who could challenge a parent's wishes. Therefore the mother should make sure that any grandparents/aunts/uncles are prepared to respect her wishes.

She should also be aware that the actual father of girl 1 could materialize and want rights to his child.

 

[Armstrong134]

Thank you Ohiogal & LdiJ

That answers my question.