I am sorry to say that once you are dead, the children always go to the birth parent. The courts are going to decide whether or not you can do this or not. You are going to have to deal with it all in the custody hearings. You are going to have to either:1. Have your husband relinquish his rights as their father. 2. Have your husband be found to be unfit as a fatherHowever, in many cases of which I have heard, the husband is never the big care giver until the wife is no longer there. Then they change and take care of the children. Best advice I could give is to see what happens. Good luck
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