Custody of a USC child if both parents die

[texastexas]

My son is a US citizen and we (parents) are Visa holders. I want to know who would get custody of my son, in case we both die.

Is there a will/testament we can prepare to hand custody of my son to my parents, who are indian citizens?

Is it legal/does it vary by state? How should I get the process started?

Note - May be this topic has already been discussed, may be this is not the appropriate place. If so, please redirect.

[pontevecchio]

Talk to a family lawyer in your state and have him draft the necessary documents.

[t75]

Make sure the attorney has experience with international issues. US law does not permit the "willing" of children. You may specify your choice of guardians but it may not be granted that is why the services of an attorney are critical. In addition, since there would be a time lag for someone to come to the US to take custody of your child, discuss a "standby guardianship" (what it is called in your state of residence) with the attorney for that period. It would likely list a US based friend or family member.

It is essential that you properly set-up life insurance, etc. as well.

Estate planning is a very important issue for all parents whether or not they are USCs or guest workers. Please be sure to use a person specializing in the area as it is a very unique part of the law and best left to specialists rather than general practitioners.