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 Maria V. Primushko
As the founder of the law firm, attorney Maria focuses her practice on helping families with estate and legacy planning, as well as other legal matters such as Personal Injury and Bankruptcy Protection. Her goal and that of her team is to provide personalized support and guidance that creates peace of mind for all clients and families, no matter how big or small their estate is.