Unless your spouse or partner has adopted your minor children, a court would decide what would be in the child’s best interest. Typically, your family of origin and that of the child’s other biological parent are given preference by the court. However, in your last Will, you can nominate your spouse or partner to be the guardian for your minor child. The court will then give weight to your suggestion while weighing what is in the child’s best interest.
About Carolyn Thompson
Carolyn A. Thompson founded Thompson Law, Prof. L.L.C. in 2003 in order to create an estate and business planning law firm that helps pass on the legacy, values, and stewardship of its clients. Carolyn has sought out, developed, and trained attorneys dedicated to listening to a client’s life story, including their goals and concerns, and to creating a customized estate or business plan to address the individual circumstances of each client.