Legal Question in Family Law in California

Guardianship

My wife & I are living in the USA but

we are not US citizens. We have a

daughter who was born in the USA.

We have been told that if we were

to both die suddenly, our daughter

would not be allowed to leave the

USA to be looked after by our

family. We have been told that we

should elect legal guardians in the

USA should this event happen so

that they can fulfill our wishes of

where our daughter should reside.

Is this true? If so, what documents

do we need to draw up? Thanks.


Asked on 6/01/09, 6:34 pm

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Guardianship

What? That's not true. If you believe should you and your wife both die it would be in your daughter's best interest to be raised by relatives outside the US, prepare a will that has a nomination of guardian. Your nomination doesn't decide the issue, but is a significant factor in the court's determination ultimately. If that's outside the US, so be it.

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Answered on 6/02/09, 12:04 pm


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