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 John D. Laughton, Estate Planning & Elder Law Attorney
Mr. Laughton is an estate planning and elder law lawyer in his 40th year of law practice. He is committed to your peace of mind and solving your problems by providing personalized legal services in a highly ethical, professional, solution oriented, and cost effective manner.