Asked in Estate Planning for Alabama

Q: My son's father isn't on the birth certificate. Im having my will drawn up. Can my son be left to my sister in my will.

Im trying to prevent my son from being a ward of the state. So im drawing up a will. His father doesnt want him and he isnt on the birth certificate. If i say in my will he goes to "my sister" . Will it be honored.

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1 Lawyer Answer

A: You can't "leave" a child to someone. You can express a preference on who would have custody of the child in the event of your death. The person who would have a priority over the person you choose would be the father of the child. The only way you can prevent that is to terminate his parental rights.

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