Q: My husband is recognized as being mildly mentally retarded. We have a child together. If I die, can I transfer custody?
He does have a job that he is doing well at, but its not enough of an income to survive on. He would be incapable of taking care of our child though. He isn't aloud to babysit because he ignores our child when our child asks for food or drink and has left our child outside unsupervised after saying he would watch our child. So is it possible to transfer custody to my parents (who we have lived with since our child was born) even if he doesn't want to give up his "rights" as a father? I'm not saying take him out of the picture, just making sure that our child is taken care of if I die.
A: You can appoint a guardian in a will under certain circumstances. The best thing to do is to go see a family attorney about this problem. It is your fear, so you have to do what you can to make sure that what you want can come true in the case of your death. The only way to do that is through an attorney.
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