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Does anyone know how easy it is to add child custody in a will?

I am a single parent of two boys (11 yrs. and 8 months) they have different fathers (in every way). The 11 year old barely sees his dad and has lived with me and his uncle his entire life (dad lives 3 hours away). I want to ensure that if something were to happen to me that my brother would get custody of my son (as this is the only home he has ever known). I would however want to make sure that my younger son goes with his father, but with a stipulation that he can not move further than 30 miles from my oldest son. (I want to make sure that they stay close). Is there any way of doing this?

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Asked by Anonymous at 3:32 PM on Sep. 6, 2009 in Relationships

Answers (5)
  • It should be easy. Before my husband went to Iraq, he made a will and he had to put who would get our children if BOTH of us died. It also says that they get the life insurance if something happens to me. It shouldn't be too hard.
    And that's so responsible of you to make a Will up. Lol, not to say that you're not responsible - I don't know you but it's just a responsible thing to do. :-D

    Answer by Blubuni99 at 4:00 PM on Sep. 6, 2009

  • Oh I don't know about the stipulation part. Sorry

    Answer by Blubuni99 at 4:00 PM on Sep. 6, 2009

  • I believe you can do the uncle thing but don't think you can do the stipulation part but ask an attorney. You can go to legal aid if money is an issue. You can also try a free legal advice site like (that is 2 v's not a w). A lot of family law lawyers do free consults too. You could call and ask one in your area or look in the phone book and see if they advertise free consults.

    Answer by admckenzie at 4:06 PM on Sep. 6, 2009

  • word of advice: make sure a legal firm does it not some paralegal service. My dad's will was voided bc of the paralegal service he used. I'm a retired paralegal and know that in some states what a paralegal service does is practicing law without a license and it's worth the paper it's printed on so the court can rule it null & void. Don't let the dad's contest it, do it right.

    Answer by admckenzie at 4:09 PM on Sep. 6, 2009

  • Sorry, but if the biological father decides to move out of state or even just 50 miles down the road, your brother would have no say in the matter.

    Answer by pr0udm0m_0f_3 at 9:04 PM on Sep. 6, 2009

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