Additional Information:

My wife and I got divorced two years ago and I got sole custody of our 5 year-old son.  She was put on probation for 5 years for hitting him and I’m not sure if she really wants to be part of his life or not.  My question is if I put it in my will that my brother will take care of my son if I die, will that happen or can my wife get custody if she wants? Thanks.


Your brother will have to obtain a permanent guardianship of your son should you pass away. The child’s mother may file a Complaint for Modification seeking custody after your death. The Court will always review what is in the child’s best interests when considering either your brother or the child’s mother as his caretaker. Go ahead and make your will naming your brother as custodian. Your brother can use this for the Court to consider in this situation. 

Family Law Attorney Michael Franklin, provides legal representation to individuals in the area of family law and divorce in Worcester MA and in the neighboring communities including Holden, Paxton, Auburn, Millbury, Leicester, and Shrewsbury and Grafton.


Attorney Michael Franklin
Family Law and Divorce Attorney
5 State Street, Suite 1F
Worcester, MA 01609