Step-son with dying mother!

[daisydoll]

My husband has a 4yr old son with another women. She has cystic fibroses and doesnt have long to live. She currently is trying to get my husband to agree to her putting in her last will and testament that full custody of there son will go to her sister even though her and my husband have joint custody pointed by the courts. He has told her and me many times that he will never agree to that because he wants to be with his son. We have gotten a house that has an extra bedroom for his son because we know that there will come a time when she does pass away. Right know though my husband is currently in the military and we do live miles away from our home state. Im nervous that we will have problems getting his son because she does want to put that in her will. I know your probably thinking that my husband should be asking about this but Im just trying to do my research of whats going to go down when that time comes. Any advice or information will be greatly appreciated!!

 

[Duranie]

Children cannot be willed. Mom can put her preferance in her papers but most likely custody will go to Dad at her death. Dad should start seeking counsel to prepare. Once mom passes Dad should be able to get the child. The sister has no rights to the child at all and mom cannot legally bypass Dad's rights. Dad needs to be firm with mom and not allow mom to dicate this stuff after her death.