Legal Question in Wills and Trusts in New Hampshire

Creating a will and naming guardians to my children
Hi there. I am recently divorced, and I have sole custody of my children. My husband who has a mental illness only has supervised visitation with our boys. I am trying to create my will and my question is, can I name a guardian for my children, or do I need to consult my ex husband?? Will they go to him automatically? That really should not happen! I do have sole decision making.

Asked on 2/22/08, 1:45 pm

2 Answers from Attorneys

Herbert Cooper Law Offices of Jameson & Cooper

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Re: Creating a will and naming guardians to my children

There is no absolute requirement that a person creating a will needs to name a spouse as guardian, although it is quite common to name a spouse as initial guardian with someone else as alternate guardian.

So, there is no problem naming someone other than a spouse as guardian. However, a court will have the opportunity to review facts and circumstances at the time any decision needs to be made with respect to care and custody of children after the death of a custodial parent, so a designation of a guardian in a will may not be the last word (and of course, whomever is named will have to be found appropriate to serve as guardian of minor children.)

You should consult with a competent estate planning attorney in your area.

Answered on 2/22/08, 2:08 pm

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