Legal Question in Family Law in New York
Legal Guardian of minor in case parents pass away
I am pregnant with my first child. My husband and I have named my cousin and her husband (who live in California) as Legal Guardian/G-d parent) in case anything should happen to us. We live in NY. What type of form do we need to make this legal?
Thank you
2 Answers from Attorneys
Re: Legal Guardian of minor in case parents pass away
You would name the legal guardians in a legally drafted will, but you should be aware that children are not possessions and while a parent's wishes are taken into consideration, the court is not required to follow a deceased's parents wishes should the court find that someone other petitioning party would be in the best interest of the child.
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Re: Legal Guardian of minor in case parents pass away
would be court appointed if you don't select one in your last will and testament. why not seek the aid of counsel in drafting a will with an appointment of a guardian. For more info go to http://justiceneversleeps.net