Legal Question in Family Law in Minnesota

Re: suviving children

If both parents die, generally the courts look to see if the parents had a will designating who should care for the children. Absent that, ususally blood relatives are looked to first before family friends. Please contact me if you would like to discuss the matter further.

Re: suviving children

Typically, the Court will first look to the will(s) of the deceased to see if there is a Guardianship clause, or any indication of who the parents wished for their children to be placed. Absent that, it then becomes a matter of who is willing to take the children. If there are different individuals who want the child or children, the Court will favor a blood relative, with the closest relative being favored more. However, that is something that can be overcome. Thus, a druggie uncle who wants the child or children vs a stable, long term friend of the family and known to the children would have a decent chance of getting the children. The issue would be the "best interests" of the child or children, and while blood relatives are favored, it is not automatic.