Legal Question in Family Law in California
Guardianship or power of attorney?
I have a friend who is a single mother with a 6 year old son. She is recently divorced from a second marriage (the step-father of the child). The biological father does not care about the child, is not in contact with the child and lives in another country. The rest of the family is also in another country. The step father and the child have a strong father-son bond. The mother wants to ensure that the child is taken care of in the event that she is unable to care for the child for any reason (death, etc).
What is the best legal device for her to ensure that the step father is granted custody of the child in the event that she is unable to provide for him?
1 Answer from Attorneys
Re: Guardianship or power of attorney?
She should prepare a will and name an individual to be appointed as the guardian of her child. She should also have the child and that party have a close relationship. A guardianship would remove custody of the child from mom when the court makes the order. The guardianship is not the best approach while mom is able to care for her child.
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