OliviaLynnMarsh

Hi, I'm wondering if there are any Canadian Lawyers on here, although I suspect American Family Law may be similar. I'm specifically wondering if I were to die, can my older son be named as the guardian for my child. My husband and I are still together and he is a good dad when he is sober, but drinking is frequent, plus he's a binge drinker so very unreliable. My older son and his wife are aware of and fully support this request.

trailmix

I'm not a lawyer but this sounds very unlikely. Under what circumstance would a court take a child away from a custodial parent at the request of the other parent.

Dee74

Hi Olivia

Although there's no rules against giving legal advice here I think you're better off with a real life person to person consultation.

D

velma929

It may be difficult to exclude the father of the child from having custody. Child Protective Services (at least in the US) is geared toward keeping children and their parents together as a family unit. To have the child placed with someone else your husband would need to be proved incapable of caring for him/her. That's going to require more than a statement in a will stating a wish for the child to live elsewhere. Have you asked your husband about this? If he wants custody, he's going to point to the fact that you stayed married to him as proof that the relationship was good and he is a competent parent.

My father was older than the average dad, and at one point he and Mom actually made out a will that named my brother as our guardian should something happen to both of them. A few years later, that was modified, as they didn't think brother and his wife were "a good fit" for my sibling and I. We never found out who they picked, though, and as they lived into their Eighties, custody wasn't an issue.