Los Angeles, CA asked in Adoption, Child Custody, Family Law and Estate Planning for California

Q: How can I appoint someone custody of my son, in the event of my death?

My son is 3 years old, his father has not seen him since he was only a few months old. Father is in and out of jail, multiple felonies and misdemeanors for identity theft, dui, check fraud, and possession to name a few. I might add that he also has 2 other sons that he does not have custody/visitation of. As far as grandparents go, the most normal one is my father in MA, but even he has some issues. (He lost custody/visitation of me to my mother for physical abuse, but was . My best friends have been married since high school, together for almost 20 years, a very stable household, father works for the city/stay at home mom, and two kids. They have been my parenting mentors, and are the only ones I would trust not only to not abuse, but raise my son the most loving, kind, and structured way possible. They already have told me they will take him in the event of my death, however I need to ENSURE that my son will not end up with a junkie, alcoholics, or anyone who may physical abuse him.

1 Lawyer Answer
Patricia Ann Simmons
Patricia Ann Simmons
Answered
  • Estate Planning Lawyer
  • Vallejo, CA
  • Licensed in California

A: You can designate a guardian for your minor son in your will or living trust. However, that person would need to petition the court in a guardianship proceeding in order to be appointed the guardian. Your nomination of that person carries significant weight with the court.

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