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If you have minor children, you probably have strong feelings about who should raise them if you and your spouse die before they reach adulthood. In Arizona, children under age 18 are minors. Generally, a minor must be under the supervision and control of a parent or some other person appointed by a court as the legal guardian. You may express your wishes about who should be your minor child's guardian should it become necessary to appoint one. The appropriate way to express these wishes is in a will. Your will should include a provision nominating a guardian or co-guardians for your children. This provision should establish an order of preference among those you would want to undertake this important responsibility. In the event your first choice is unable or unwilling to serve, you will want to designate alternate guardians. Your list of nominees may be as long as you wish. There are a few important legal requirements you should understand about the appointment of guardians. First, your selections are not controlling. Although your choices are highly persuasive, judges are required to consider the best interests of your children when appointing a guardian. For example, if you happen to select someone who turns out to be morally corrupt, do not expect the judge to approve the choice. You also may not defeat the custody claims of the child's other parent. If you are the divorced mother of two children, and their father is living at the time of your death, your nomination of some other person to serve as their guardian generally will be ineffective if their father wants custody and otherwise is qualified. The rights of the natural or adoptive father are superior to the claims of anyone else. There are exceptions to this general rule, but in most cases, the father's rights to custody of his children will be respected under the law. Do-it-Yourself will kits are available at many Arizona bookstores and on this website. The will forms contained in these kits and on our site typically include provisions for the nomination of guardians for minor children. If you have questions about guardianship, or if you want professional assistance with the preparation of your will, consult a lawyer with experience in these matters. |