Legal Question in Family Law in New Hampshire
biological family child custody
In the event of death of the parents, what are the laws surrounding the issue of a nonfamily member being named as legal guardian of a child in lieu of the child being raised by ready, willing and able blood relatives? How can such a non-family member choice be contested? The loving relatives live in NH. The parents and child live in MA. Thanks.
1 Answer from Attorneys
Re: biological family child custody
There is no legal requirement that a family member be named as a guardian for a minor child. The best guardian is generally the person who holds the same values as the parent and will raise the child in the fashion the parent desires.
With that said, any family member can contest the appointment of a guardian. However, they have a heavy burden of proof to show that the person selected is not appropriate. Often this situation can be minimized by careful drafting of a Will and supporting documents. You should consult with an attorney who can assist you in drafting the necessry instruments to protect your family.
Please note that this advise pertains to New Hampshire law. If you are a resident of Massachusetts, they may have different procedures.
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