I currently have full physical and legal custody of my daughter due to my ex's destructive lifestyle, rap sheet and extended absenses however i'm afraid that if I would pass that he would get custody of her. Will designating guardianship to another family meember in legalzoom documents hold up in court if I were to pass away? Has anyone ever seen/experienced something like this before? I'd love to hear advicee or experiences. Thank you for your help.

Jeffrey Lippman ∙ September 4, 2019

State laws vary and biology is one strong factor. However, the same reasons he was not awarded custody initially may still exist. Your Will cannot trump biology, but stands as your testimony as to what you would like to happen. The Court will take this into serious consideration, but custody is viewed under the jurisdiction and standards of the Domestic Court and not the Probate Court. To discuss this further, please schedule a consultation with your LegalZoom provider law firm.

Jeffrey Lippman's offices are located in Leesburg, Virginia. Mr. Lippman is licensed to practice law in the District of Columbia and the state of Maryland, and his comments may only apply to those jurisdictions. If your question applies to a different jurisdiction you should check with an attorney in that jurisdiction. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation and any information you provide is not protected by attorney-client privilege.


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