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Can custody of a child be stated in a will?

Updated: 8/17/2019
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14y ago

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If you live in the US... Children are not property and therefore cannot be 'willed'. You can state in your will who you would like to receive custody, but the court is not required to abide by it. For example, if Mom has custody of a child, she dies and her will states that she wants her sister to receive custody, but Dad wants custody...Dad gets custody, unless he can be proved unfit, because Dad has first legal right to custody (Mom's wishes don't change that).

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Q: Can custody of a child be stated in a will?
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