Legal Question in Family Law in Kentucky
Legal Guardianship of Minor Child
My friend is separated from her husband and pregnant with a child that is not his. She wished to declare myself and my husband legal guardians of the child in the event of her death. We need to know what we need to do to make this legally binding.
1 Answer from Attorneys
Re: Legal Guardianship of Minor Child
There is no way to make it legally binding under these circumstances because her husband is presumptively the father because they are married. The child will have to be born and paternity established which includes the husband waiving his legal rights regarding this child.
Even then, there is a biological father with rights. She can then go through court to give you guys custody or guardianship, but the dad can contest this. Besides, that isn't what she is wanting.
She can name you guys as guardians in a will, but it would not supercede the father's right to custody.
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