Can I appoint custody of my children through a will?

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I have been separated from the father of my 3 children for 8 years in which time he has never paid child support and sees them for about an hour a handful times a year. I never went to court to obtain legal custody as it was never an issue. I am wondering, can I appoint custody of my children through a will to my now husband should I pass? Is that allowed or would the children's father automatically have custody (he doesn't work and lives in a long-term care facility due to health issues). My children are also all over 13 years of age. If I am not allowed, what would be my recourse to allow it. Thank you

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Andrew Heft

9 years ago

You cannot appoint custody of your children through a will, only a judge can grant custody or appoint a guardian for your children.

If something should happen to you it will be up to your current spouse, family members or other interested party to ask the Court to appoint a guardian for your children if the father is incapable or unwilling to take on the responsibility for the children.

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