Olympia, WA asked in Child Custody and Estate Planning for Washington

Q: How can I make sure that if I die that my husband will have custody of my children?

They are not biologically his. But he has been their "dad" their whole lives. Power of attorney work?

1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Divorce Lawyer
  • Beaverton, OR
  • Licensed in Washington

A: The power of attorney ceases to be effective upon your death, so that won't work. The foolproof way is to have your spouse adopt the children. If that is not possible, you should designate your spouse as the children's guardian in your will, and express your preference that they continue to reside with him. If the children's biological father is a generally fit parent, has a relationship with the children, and he wants the children, he will probably get them.

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