Q: Would a "Will" help me to make my parents sole custody of my special needs child automatically?
The father and I never married. He only signed an Acknowledgment of Paternity, but he never had my son legitimized. Would that give me the right to decide who is best for my special needs son? If not, what steps do I need to take? I could bring any proof, if needed on why my parents would be best choice.
A: No, you can't will a child to another person. Even if you have a document expressing your wishes, the father may attempt to legitimate at that time and ask for custody. The court determines what's in the child's best interest. Your parents will have to present evidence that the child would be harmed in the custody of the father.
A: I agree with my colleague. If something happens to the parent then the judge is going to decide the best place for the child, which may be his father. You can have a will that expresses your desires.
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