I would like to get a will made, just in case something happens to me. My ex is an OTR truck driver, and My boys do see him when he comes into town. My New spouse has been in my boys' lives for 2 and a half years. They have stability here in our house, and have an outstanding relationship with him. What I want to know is, can I have a will made to where if anything happens to me, can my boys be raised by my new husband or does he have to legally adopt which would be a huge mess?
Answer
If you die while any child is unemancipated. The child's father is entitled to custody. You can not divest him of this right by making a Will. You probably do need a Will, and you should provide a gurdian for any minor children who survive you, and those terms would control if the Father predeceases you. Please consult with an attorney.
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