How can I give guardianship of my daughter to a couple who lives out of the country?

My husband and I want to give guardianship of our daughter in case something should happen to both of us. It would be to my cousin and her husband who live in Canada. My cousin has dual citizenship (not sure if this makes a difference). Would our daughter be allowed to live in Canada and my cousin have custody or do we need to do something to make this possible? Besides writing a Will?My sister will fight this.

Asked on July 15, 2012 under Family Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you and your spouse consult with a Wills and trust attorney about the guardianship issue that you have written about and go over whether a Will or a trust with a guardianship/resulting trust provision with respect to your child as a minor works best for your needs.

Assuming happens to both you and your spouse while your child is a minor and the guardianship comes into play, most likely there should not be an issue with Canadian immigration law for your child to live with your cousin in Canada. I suggest that the guardianship document you want drafted specifically state that you sister is not ever to be the guardian of your minor child.

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