Legal Question in Family Law in California
No custody order in place, want to name a legal guardian
My child is 10. The child's father and I were never married. There is no legal custody order in place. I am preparing for surgery and want to insure that if I don't survive, my child can remain with my mother. My child and I presently live with my mother and have for the past 8 years. Do I need to first seek legal custody before I can name a legal guardian? I don't think my child's father would contest anything, but I want it to hold up in court just in case.
2 Answers from Attorneys
Re: No custody order in place, want to name a legal guardian
This is not as simple as you may think. Under the Family code, absent good cause, the NCP is entitled to custody of the minor in the event of the custodial parent's death.
You should procure the father's agreement if you can.
Regards, Damian M. Nolan
Re: No custody order in place, want to name a legal guardian
Your best bet is to get fathers agreement and take it to court to get orders on matter. You should retain competent counsel to assist you. This takes time.
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