Legal question - child custody

Factual Questions
1

You aren’t a lawyer, I’m not your client, and this isn’t actual legal advice.

Person 1 and Person 2 are married in the state of Maryland (MD) and have a child (while married). They get divorced, in MD, Person 1 is awarded sole physical custody of the child (at this point an infant), Person 1 and Person 2 are awarded joint legal custody.

Person 1 remarries to Person 3 (in MD). Person 2 has done nothing to warrant removal (rescinding? revoking?) of their joint legal custody, so Person 3 can’t adopt the child. However, Person 1 (and Person 3 and the child too (now about 8 years old)) would like Person 3 to remain the full-time, first string, sole legal custody “parent” should Person 1 die.

Question - is the full physical custody and joint legal custody currently held by Person 1 transferable upon death to Person 3? E.g. if stipulated in Person 1’s will?

Or if Person 1 dies does Person 2 automatically get sole physical and sole legal custody of the child? Because other than being married to Person 1, Person 3 has no other legal(?) relationship to the child.

Thanks.

2

Person 3 has no legal relationship to the child. Person 2 is the child’s parent , his/her parental rights have not been terminated and he/she has not been found to have neglected or abused the child. Person 2 will automatically get sole custody- unless Person 2 voluntarily surrenders his/her parental rights. (Which by the way can also happen before Person 2 dies if Person 3 is willing to adopt )

3

Got it in one

4

Generally, we can’t bequeath children … however, with the passing of Person A, the adoption by Person C can move forward if Person B agrees … and sometimes the best interest of the child is served by leaving them in the home they have been living at their first eight years … perhaps Person B could move in and help raise the child …

5

Thanks everyone. That’s kinda what I figured.