legal guardianship
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
legal guardianship
Can I have my oldest daughter be legal
guardian of our 2 youngest children
since my husband left us?
Asked on April 30, 2018 under Estate Planning, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unfortunately, even if he left you, he still is legally your children's parent and still has his parental rights, unless a court actually terminates those rights for some reason, such as abuse. If something happens to you, the youngest will go to your husband. Your oldest daughter can be designated as guardian in case 1) he dies before you, then you pass away; 2) you pass away, then he passes away, so someone needs to take care of them; 3) he refuses to care for them after something happens to you. But he gets the first opportunity to care for them, unless a court orders otherwise.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.