Wills, grandparents, & abandonment

[Phenixphyre]

I want to put into a will that sole custody of my child goes to my mother. I know that a living parent will have more rights then a grandparent, but that in the correct circumstances the grandparent will have the opportunity to gain custody over an unfit parent. (I am not worried about them being proven as an unfit parent.) I am however hoping to avoid the possibility of putting my child through a legal situation in the event of my death and a struggle over custudy between the surviving parent and the grandparent I want custody to be awarded to.

I am wondering if there is a time limit of no contact from a parent that would constitute abandonment and dissolve any rights they might have. If not is there anything I can do to absolve any legal rights they have currently and in the future?
And my other question would be if I establish that the other parent is an unfit parent and I receive sole custody will that be reviewed in the future if the surviving parent tries to regain custody in the event that my mother ever has to take over custody?

 

[Duranie]

You cannot will a child. You can't will something that legally also belongs to someone else. You can certainly state your wishes but they do not have to be filed.

Depending on if the other parent pays child support, visitation schedule, that all is a factor in determining who gets custody but the surviving parents rights almost always supercede a grandparents.

Was paternity ever established? Is there a CS and visitation order? Right are never automatically terminated based on lack of visits or support. You would have to put in a motion to terminate rights but unless there is an adoption by a step-parent, probably not going to happen.