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Law Office of William L Spern | William Spern
You can express your desire but a child's parent, biological or by adoption, has priority absent past or present conduct of the parent that might lead to a suspension or termination of that parents parental rights.
Answer Applies to: Michigan
Replied: 1/5/2012
Charles M. Schiff, Attorney at Law | Charles M. Schiff
You can designate a guardian but your designation does not take precedence over the rights of the natural father. In a court action to determine custody, the natural father would be preferred unless the court believed that he was unfit to have custody of the child.
Answer Applies to: Minnesota
Replied: 1/5/2012
Goldsmith & Guymon | Dara Goldsmith
The child's father would then have full custody of the child. You can appoint a Guardian to be in charge of the assets that the child receives. Also in the event the father is found to be unfit, the named Guardian would be considered for custody. You should probably discuss your estate planning desires with an attorney and establish a Will, at a minimum, and possibly a trust.
Answer Applies to: Nevada
Replied: 1/5/2012
Harville-Stein Law Offices, LLC | Dean D. Stein
In a will you can, and should, name guardians for minor children. However, keep in mind that the Court may place custody with another person, such as the child's father, if it finds it appropriate.
Answer Applies to: Alabama
Replied: 1/4/2012
Martinson & Beason, PC | Douglas C Martinson II
You can nominate a Guardian in your will, however, his father has priority to be his Guardian and have custody of him. But your nomination of another Guardian would be evidence of your wishes. The father's fitness would be an issue in determining whether there is substantial evidence to terminate his parental rights.
Answer Applies to: Alabama
Replied: 1/4/2012
The Schreiber Law Firm | Jeffrey D. Schreiber
Guardianship would be to the person who would be in the best interest of the child, whoever that may be. You can name a different guardian in your will and the fact you were the party with sole custody, and if having that person as guardian would be in the best interests of your child, that preference is given greater weight by many courts than just being the biological father would be.
Answer Applies to: California
Replied: 1/4/2012
Law Office of Walter Johnson | Walter Johnson
In theory, if you have sole legal custody of your son, then you have the authority to appoint a guardian for your son upon your death. But, ultimately, it will be the probate court in your county that will make the final decision. You may wish to create a document in your Estate Plan package that sets forth in detail all of the reasons that you believe your son's father should NOT be selected as the guardian. This may help convince the probate judge to honor your wishes as to who you selected as guardian. In addition, this issue will normally only surface if your son's father contests your selection of guardian.
Answer Applies to: California
Replied: 1/4/2012
Law Offices of Frances Headley | Frances Headley
If you have a minor child you should include a guardianship nomination in your estate planning documents. While the court will give great weight to your nomination, the court will ultimately decide who should be guardian by examining what is in the best interests of the child at the time.
Answer Applies to: California
Replied: 1/4/2012
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
You can and should name someone in your will to take care of your son. However, the father's rights are natural rights protected by the Constitution, and if father asserts his rights it will be difficult to over come this. If this is important (father is not a good choice to look after a child) then also leave direction in your will for your personal representative to spend estate assets freely to assert the right of your named guardian to have custody of your son. And buy life insurance to fund the legal battle.
Answer Applies to: Oregon
Replied: 1/4/2012
Attorney & Counselor at Law | John Hugger
You can name a guardian, however, the father's wishes may override your naming of the guardian. It is always important to name an alternative guardian in case the named individual dies before you. Additionally, I would never name both a husband and wife as guardians, just one or the other, to try to keep your child out of their dissolution proceeding should they get divorced. Lastly, we would set forth reasons in your will why you do not believe that the child's father should be the one with primary parenting time.
Answer Applies to: Colorado
Replied: 1/3/2012
THE BROOME LAW FIRM, LLC | Barry D. Broome
The natural father would have the inside tract when one of the natural parent is not available. If the father's parental rights have been terminated then he has no standing. If the father is unfit the court will honor the mothers request.
Answer Applies to: Georgia
Replied: 1/3/2012
Law Offices of Lorenzo L. Angelino | Lorenzo L. Angelino
If sole custody of your son was granted through your local Courts, meaning, it is on record and not just something you decided, you may designate a guardian in your Will.
Answer Applies to: New York
Replied: 1/3/2012
Law Office of Matt Potempa, PLLC | Matt Potempa
You can and should express your wish of a guardian in your will. However, the court which gave you custody of your son (generally Circuit Court if you were married or Juvenile Court if you were not) will have the ultimate decision of what guardian will be in your son's best interest.
Answer Applies to: Tennessee
Replied: 1/3/2012
Ashman Law Office | Glen Edward Ashman
Usually the other parent automatically gets custody. You will still want a lawyer to prepare a will as you will want to (1) appoint a guardian in case he does not step forward and (2) appoint a trustee to be in charge of the child's assets even if he does take custody.
Answer Applies to: Georgia
Replied: 1/3/2012
Donaldson Stewart, PC | Monica H. Donaldson Stewart
Generally speaking, if the primary parent passes away, the surviving parent will have custody of the child; however, you can create a Will naming your choice for a legal guardian to care for your child in the event the surviving parent is unwilling to do so and consents to the guardianship.
Answer Applies to: Arizona
Replied: 1/3/2012
Berkman,Henoch,Peterson,Peddy & Fenchel P.C. | Rudolf Karvay
In your will you may name the person or persons you desire to be appointed guardian of your minor child. Although the court will give weight to your stated preference, the decision will be based upon the best interests of the child at the time. The court may appoint the person named in your will, some other person or the biological father.
Answer Applies to: New York
Replied: 1/3/2012
Law Office of J. Brian Thomas | J. Brian Thomas
In Texas, you may designate one or more individuals to serve as guardian for your children. Doing so confers no authority upon them. It merely gives these individuals the right (what we call "standing,") to bring their request to the appropriate Court. Without your designation, these individuals might be last in line in terms of the priority system that guardianships utilize. You can move them up that list, and they can present themselves to the Judge to establish that they are qualified to serve. Although you can make this designation, you cannot unilaterally terminate the child's father's right to notice of the proceedings. The father might still contest any guardianship application, and the determination will be left to the Court, based upon many factors, including the best interests of the child.
Answer Applies to: Texas
Replied: 1/3/2012
