Legal Question in Wills and Trusts in California

wills with minor children

i have one minor child and am pregnet and single and would like to make my mother and father the legal gardian og my children if something should happen to me, i also need to know if i need the fathers consent even if he has no legal rights to them now. thanks


Asked on 5/05/05, 8:12 pm

1 Answer from Attorneys
Gregory Broiles Legacy Planning Law Group

Re: wills with minor children

You can nominate one or more individuals to serve as guardians for your children if you pass away while the children are minors.

Nominating a guardian will not extinguish any existing parental rights held by the father(s) of the children.

You do not need the consent of the father(s); but even if the father did consent today, that would not limit his right to custody of the child upon your death.

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Answered on 5/06/05, 12:26 am


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