Can my brother become my son’s gaurdian if I die or can my ex get custody?

Additional Information:

My wife and I got divorced two years ago and I got sole custody of our 5 year-old son.  My question is if I put it in my will that my brother will be the beneficiary of my home in Northborough and become guardian of my son if I die, will that happen or can my wife get custody if she wants?

ATTORNEY ANSWER:

Issues related to the care custody and wellbeing of children are almost always modifiable on a change of circumstances. Just because you have custody of your son now doesn’t mean that she won’t seek a revision of that at a later time if there is a material change of circumstances. You can put in a provision in your will that you would like your brother to be his guardian but the court may decide who is the best person to have custody based on the best interests of the child. 

Northborough Family Law and Divorce Attorney, Stephen G. Morte  provides legal representation in the area of divorce and family law to individuals and families in Northborough Massachusetts and the surrounding communities including: Stowe, Sudbury, Wayland, Marlborough, Southborough, Berlin and Bolton.