Child custody incase of death


If you think your wife wants nothing to do with them then work to have her parental rights terminated. You can’t tell her she can’t have them if you die, the courts would never allow that unless she was truly unstable or dangerous.


As a parent, your wife will be the person most likely to have custody of the children upon your death regardless of you will or any other document. If you wife truly disconnects from the children you can seek to have her parental rights terminated. This causes her to be legally disconnected from the children. You will not, however, ever have the right to seek child support from her once her rights are terminated.

Good luck.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


Hi all i have been doing some research hope someone can help me here or verify my information.

  1. my wife left sole custody of kids to me
    2.she hasnt seen them on a regular basis since she left and my kids have expressed that they never whant to meet him aunt has agrred to take custody of them in case anything happens to me my will can i have that stated that she(aunt) gets custody of them incase anything happens to me
    5.or can i have papers drawn up that attest to that and me and my wife sign and have them notorized
    6.whats better having it said in a will or a legal doc. for this matter

Thanks for any help
broken hearted