How do I write a will that wills my child to someone in case I die?

I am a single mom – no dad on the birth certificate. I’m going on a long trip soon, leaving my son with my mom. I’m worried that if I die my son’s abusive biological father might try to claim him. How can I will him to my mom?

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14 Responses to “How do I write a will that wills my child to someone in case I die?”

  1. mavrick_02 Says:

    if the father never signed the voluntary acknowledgment of paternity from he’s going to have a hell of a time getting custody.

  2. Roboron Says:

    Try the legal zoom website. They have simple wills for cheap.

  3. Nikk Says:

    say all custondy goes to your mother until the child is of legal age

  4. HA Says:

    Need a will, it’s as easy as that. In that will you say who gets him.

  5. Dani Says:

    go to a lawyer, they will write one up for you and make sure everything gets taken care of, but also have a backup in case you AND your mom dies before the child is old enough to be self-sufficient since your mom is obviously older than you.

    The biological father can’t have a case to claim custody, unless he has access and you are in breach of the agreement somehow which I know cause my fiance is fighting for it at this very moment.

  6. Spock (rhp) Says:

    you state your preference for custody of your minor child in the event of your death in your Will.

    this does not mean that the courts will necessarily honor your request. they are required by law to follow the procedures laid out by the state legislature for custody of a minor child.

  7. Lawyer X Says:

    You can’t actually will your child to anyone. What you can do is to state your preference for who would become his legal guardian. His biological father might still seek custody–but a court would look at what the best interest of the child is at the time to decide custody.

  8. ca_surveyor Says:

    You can not.

    You can name your mom as your child’s guardian, however the biological father will have a strong case in court simply because of his genes. With today’s DNA testing a missing name on a birth certificate is not a valid reason to exclude parental rights.

    You should talk this over with your mom and, if you feel he might do this and if you have cause to worry about your lifespan, start documenting things that would help your mom persuade a court that she is better suited to raise the child.

    Better still, see if you can get the father to sign a release of those rights.


  9. Patricia C Says:

    Just type out what you want, such as In case of my death I would like my mother to have legal custody of my son, and include anything else you want to add, like if she is to inherit anything else from you.
    Then you must sign it in the presence of two other people who are not involved, like neighbors or friends. Or you can sign it

  10. barbiefl09 Says:

    In your will, you need to specify your mom as the power-of-attorney. Make sure this is signed and notorized especially at the court house. Both of you go there and get it signed, dated by a legal witness. Have a good and safe trip.

  11. Lorraine M Says:

    go to a lawyer and put it in writing that your son is to go to your mother and not his father,explain in detail why your son isn’t to go to his father,if his father’s name isn’t on the birth certificate he has to prove he is his father,

  12. KRISH Says:

    It is always better to consult an advocate for legal matters

  13. RC Says:

    You better have a Will or things will get complicated in the court of law. You can write a Will, at least in Texas, by hand! Say: all this goes to my son and list what "all this" which could also say "My Son goes to my Mom etc etc" However, biological Dad’s are powerful and most likely get the kid unless you can prove he is not fit for it. So mention that on your Will too and explain why your son should live with your Mom. Just make sure a lawyer stamps it and you pay the fee. It’s easy.. But get that Will written NOW…

  14. Joseph Says:

    Anyway, your terminology is wrong. but i know what you mean. When making out your legal will, you name a guardian for you son. In your case, you’ll name your mom. But whomever you name as guardian, make sure that they are willing and able. Emphatically state in your will that you DO NOT choose the individual who claims to be the biological father. And state your reasoning. Best is to have a lawyer compose this document. It’s not to expensive and it will be air tight. Good Luck.