[brachotelohai]

My husband has custody of his son. A few days ago, he was talking about the fact that we don't have a will, and that we need to get that done as soon as possible, just in case, because no one ever knows what can happen. Well, he mentioned something about wanted to make sure that if he ever were to pass away before his son turns 18, he wants it placed in his will that his custodial rights pass on to me. Is that even possible? I have never heard of that happening before, really wasn't thinking about it, because of course I wouldn't ever want it to come to that type of situation. Does anyone have any info on this? I'm in VA, if it matters.

[ScottGem]

Nope, a child is not property that can be left in a will. A will can suggest the parent's preference, but the law says the child goes to the nearest relative. Now it may be possible, no one challenges your right to raise the child, but that part of the will can be easily challenged and overturned.

[brachotelohai]

Yeah, that's what I thought. My poor husband thinks otherwise, so I just dropped it and I'll let our attorney tell him when we go to get our wills done with her. He's just concerned because his son's mother isn't the best person for him to be around. Let's just hope he lives to a ripe old age :)