Guardianship of minor children

[GrdAng]

What is the name of your state? Iowa

Is it legally binding if a custodial parent of minor children names a guardian for them, other than their NCP, in the last will and testament? Or, in order to make it so, must there be a legal agreement with the NCP? The children have little contact with the NCP and do not want to live with him and his new wife in the event of their mother's death. They wish to stay with their step father, half brother and step brothers. Would their wishes only come into play if they are of a certain age?

 

[Pfaffing85690]

why didn't you post this question in your original thread?

As I have said before, you cannot 'give' children to anyone. The ONLY entity that can decide where the children will live is the court and the law.

In law, the NCP gains custody. Any other person is a legal stranger.

 

[nextwife]

Both parents TOGETHER can name a guardian in the event they both die that the court WILL likely recognize. But one parent cannot will away the other parent's rights.