So, if the other parent has no custody or visitation in the current parenting plan, would that also factor into the decision? Or would custody always go to the other parent even if that would NOT be in best interest of the child (not because they are "unfit" but because the child does not know the other parent in any way)? Also, would the other parent be able to put something in writing stating that the arrangements in my Will are binding? Or do I just have to take on good faith that he would pass on custody at the time of my death?
So it seems that the court would have the final say, but until that decision is reached would my child be permitted to stay in our home (with her current guardian) or would she be taken away while the court decides?
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