Q: Can i leave custody in will to someone else even if their father and i have joint custody
Father has never taken visitation or any interaction with kids since divorce 2yrs ago, cs is garnished. Would he auto get custody or be able to fight my will instructions??
A:
If you are referring to a case in Texas, yes he might get physical custody of the child, especially if you are already named joint conservators. You cannot direct otherwise in a will, although you can create a trust for your child with a Trustee that will manage finances, etc. that may have been put in the trust.
Also, it gets a little more complicated when the child has been out of the State of Texas for more than 6 months.
I suggest you consult with a family law lawyer where you are located as well as one where the original custody order was done.
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