Legal Question in Family Law in California

Guardianship vs Custody

I am currently divorced and have sole physical custody of our two children, ages 4 and 2, and my ex and I share joint legal custody. He has visitation via a parenting plan we developed with a coparenting counselor approved by the courts. He is going to jail for a DUI - to be sentenced this week. He has seen a psychiatrist in the past and may be suffering from bi-polar, but not officially diagnosed.

I would like to leave guardianship of my two children to my sister, so that if anything happened to me my ex would not have physical custody.

How can I make this happen?


Asked on 4/30/02, 4:35 pm

2 Answers from Attorneys
Bruce Moss

Re: Guardianship vs Custody

First of all, elections of guardians by way of a will, although seriously considered, are not binding on a court. In your situation, the father is still the person that would be looked to in the event of your early demise. Again, however, if there was a showing that it would not be in the best interest of the children to be with him, then the court would have to consider other alternatives. In short, you cannot assure that this will happen under the facts that you have presented.

Read more
Answered on 4/30/02, 5:05 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Guardianship vs Custody

The standard for placing a child with a non parent is not the best interests of the child. The court must find that placing the child with the parent is detrimental to the child.

Read more
Answered on 5/01/02, 1:28 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California