Legal Question in Family Law in Minnesota

Can I chose legal guardianship for my child...

I am expecting my first child in Feb. and am not yet married to the father. I have concerns about my relationship that may lead to no marriage at all. Am I able to set guardianship for my child in the event that I pass away during or after child birth? I would like to have my parents named as guardians simply because I know that they would not deny visitation to the father. I can not say the same about the father. I fear that if I pass away the father will not allow my family visitation and may even leave for his native country in Africa. What can I do legally to ensure the safety and wellbeing of my child?


Asked on 11/02/06, 6:53 pm

1 Answer from Attorneys
Michael Paul Cundy & Paul, L.L.C.

Re: Can I chose legal guardianship for my child...

You can and should draw up a Will or other documents to identify who you would like to care for your child in the event of your death. However, if the matter ever went to court, the biological father will most always win out against other family members unless really extraordinary circumstances can be proven.

Also, you will want to protect your rights as a mother if you do not intend on marrying the father. Please feel free to call if you would like to come in for a free initial consultation.

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Answered on 11/03/06, 9:43 am


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