Wife - Wants me to Sign Will giving 50% Guardian Right to SIL

[gege]

What is the name of your state?What is the name of your state?GEGE - California

My wife wants me to sign her Will stating that I agree that if she passes away, I will consult my sister in law on all matters and major decissions on behalf of my daughter (education, travels, health related matters, living arrangements, etc). It states also that I will not move back and take my daughter to my native country until she is 18. It states that I will have physical custody, and that I can take her to my native country for vacation.

My wife threatened me in the past with divorce if was not going to sign her Will. She said that a divoce will give her full custody and that then she will give her right to her sister in case she passes away.

My wife says that she does this to protect my daughter in case I remary. I said that I was not planning too.

I love my daughter and my wife, but I don't feel it is right for my SIL to have 50% Guardian right.

Plese give me your advice.

Thank you

Gege

 

[seniorjudge]

"...Plese give me your advice...."

You haven't given us all the facts, but really the decision is strictly up to you. How could we know all of the circumstances surrounding this?

 

[gege]

Gege - CA

She wants to divorce if I don't sign this binding agreement because she thinks she will have full custody, and then she will sign a paper saying that upon her death she will assign her parental right to my SIL.

My SIL is 40 and doesn't want to have kids, but she say that we need to do this because it's the best interest for my daughter. I think she is afraid that if something happens I will prevent her from seeing my daughter, or will remary and my new wife/girlfriend might not be good to my daughter (and I will not let this happen, my kid will be first) or I might leave the country.

I never threaten them of anything. I said if my wife passes away I don't see myself remarying, especially with all the headaches that they gave me.

I said my SIL will see my daughter because I want her to be close to her family and root. But I told them I don't want to relinquish my right in writting because I'm the father and I couldn't look at myself knowing that I relinquish half of my right to my SIL and that I need her permission for most the decisions that I will take about my daughter. i will feel like I let my daughter down!

 

[Graycat]

I am not an attorny. But I am certain that children are not property and can not be willed.

 

[Graycat]

You may want to post your questions on the Child custody and visitation forum. I don"t believe your wife can transfer her parental rights to her sister upon her death.