After Sole Legal Custody is granted, If I would die and have a Will made up for the child to go to a honest, reliable couple. Would the Will stand or would the bio get first dibs.

In my view the will cannot cut parental rights notwithstanding that sole legal custody was granted before unless the other parent is proved to be harm to the child.

What if he has not been in the child's life for most of this kids life. And is remarried to a women that doesn't want to have anything to do with this child. What do you think my chances are if my kid has a disability ?

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Originally Posted by Rachelpa33

What if he has not been in the childs life for most of this kids life.

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There are a lot of circumstances and conditions...

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Originally Posted by Rachelpa33

And is remarried to a women that doesnt want to have anything to do with this child. What do you think my chances are if my kid has a disability ?

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Her opinion does not matter.. she is a third-party only.

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Originally Posted by Rachelpa33

After Sole Legal Custody is granted, If I would die and have a Will made up for the child to go to a honest, reliable couple. Would the Will stand or would the bio get first dibs.

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No, all other circumstances aside a Will distributes property; a child is not property; you cannot give custody through a Will while the other parent is alive and all parties are not in agreement.

I have seen guardianship to a third party (if both parents are deceased) covered by Will but "family" would still be able to contest and possibly win.

You CAN go to an Attorney and prepare a custody document which probably will not stand up unless the other parent does not want custody or unless the other parent is unfit.

The point here is that such a clause would be CHALLENGEABLE. This means that if the bio father wanted to challenge the assignment of guardianship, he could and would probably win. But you are saying he hasn't been part of the child's life and his new wife wants nothing to do with the child. That indicates they would be unlikely to challenge it. In the absence of a challenge, the wishes you express in your will would be followed through on.

You can't terminate a surviving natural parent's custodial rights to his/her child by a provision in your will. You can nominate a guardian of your child. You can also leave your child property, such as a cash bequest or education fund; this is a trust and you should name a trusted person as trustee, unless you can afford a bank to serve. This is important because the natural father will be making financial decisions concerning the child's property unless it is put in a trust; you may want to include language that disqualifies the father so that he is not appointed the trustee by the court at a later time. Also be mindful that any life insurance proceeds should not go to your child; they should go into the trust.