Q: Aside from naming guardians in my will, what can I do so my daughters father will not get custody of her if I pass?
My daughter was born in DC. Her father is not on the bc, but there is an order for child support. There are no custody/visitation agreements in place. She has not been legitimized. I am afraid if I die, my daughters will be separated and my oldest will go to the couple named as guardians in my will and my youngest will go to her dad. I would like for them both to go to the named guardians in my will. What can I do to they stay together and go to the guardians listed in my will?
A: Until the biological father (assuming you never married him) never legitimates her, he still has absolutely NO rights whatsoever to her. Under your set of facts, it would be similar to stating that "...he doesn't even have a ticket to get into the theater, let alone watch the movie." He has no ticket ("standing" in the law) to even participate in any discussion about her placement. If he fails to file a petition to legitimate her in the Superior Court of your county, he will never have a seat at the table. - All this said, we hope that your situation and health is not as you described in your question.
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