If I designate my husband as my daughter’s guardian in my Will, since he has not yet adopted her will a judge allow this in the event of my death?

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If I designate my husband as my daughter’s guardian in my Will, since he has not yet adopted her will a judge allow this in the event of my death?

My husband is my 5 year-old daughter’s stepfather. Her biological father signed a ROP at birth and has not been involved in her life for the past several years.

Asked on November 15, 2012 under Estate Planning, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Signing an ROP is an admission of parentage and gives you NO rights whatsoever to a child other than the right to pay support and other benefits. But having signed it will give him the right to petition the court for custody if you should pass and your husband has not legally adopted your daughter.  Please seek legal help.  Good luck.


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