Nicaud & Sunseri Law Firm, LLC
Northshore: 985-218-0494
Southshore: 504-662-9596

Making The Complex Understandable

Can I name a custodian for my child in my will?

Many single parents across Louisiana and the rest of the country worry about who will take care of their children if they were to pass away suddenly. This is true particularly for those who do not have a good relationship with the child's other parent or the other parent is absent entirely. While you can certainly state why you believe a nonparent should be awarded legal custody of your children in the event of your death, it does not guarantee that the other parent will not.

The family courts nearly always prefer that children are raised by their parents. It takes a significant burden of proof to convince the courts that the children are better off being raised by a nonparent. In the state of Louisiana, the nonparent seeking custody must show that the children would benefit from being raised in his or her care, but he or she must also show that the child being raised by the surviving parent would pose a substantial threat to the child's well-being.

In general, nonparents are awarded custody in these situations where the other parent has a violent criminal history, past incidents of abuse or family violence or has a substance abuse problem. However, in the case of a parent who has been absent for most of the child's life and has not sought a relationship with the children, there may also be a chance for a nonparent to be awarded custody.

The best course of action to take may be to put in the will who you would like to be the guardian of your children and why. It's important to be as detailed as possible so that the nonparent can use the will as support for seeking custody.

Source: KPLC, "Legal Corner: Can custody of children be included in a will?," Erik Tyger, June 22, 2016

No Comments

Leave a comment
Comment Information
Serving Orleans, St. Tammany, Jefferson, St. Bernard, Washington, St. John the Baptist, St. Charles and Plaquemines Parishes
Email Us For A Response

Get Answers Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Metairie Office
3000 18th Street
Metairie, LA 70002

Phone: 504-662-9596
Fax: 504-833-2843
Metairie Law Office Map

Covington Office
7020 US-190
Suite A
Covington, LA 70433

Phone: 985-218-0494
Fax: 985-624-9698
Covington Law Office Map