Step mother visitation after my death

North Carolina Divorce Law Divorce and Separation Answers
1

I’m a 40 year old male being divorced now for over 5 years; the divorce was amicable and no specific days times were set up for my visitation for my son (now 10 years old). I’ve never had any issues with what my ex and myself agreed upon verbally regarding visitation and she’s more than happy for me to see him any time I want.

I was remarried a year ago; there being no problems between my ex-wife, my wife, and my son. My question is this: earlier this year I was diagnosed with incurable cancer and I’m about to start the process of writing my will. Before I start talking to my ex about my current wife seeing my son I’m wondering if there’s anything I can write into my will to give my wife legal visitation rights. My biggest fear of course being that after my death my ex will not allow my wife to visit: I doubt this will happen but I’ve learned that you just never know.

Thanks,

Neil

2

Unless your child’s mother predeceases you, putting custody provisions in a will does not have the desired outcome since she will effectively have sole legal and physical custody of your son at your death. You can try to put this in an order before you pass so that she has court ordered visitation. It would still be modifiable, but it would be more concrete than nothing.