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Question regarding guardianship of minor child in will...

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tissalobbins

Junior Member
What is the name of your state (only U.S. law)? New York

My daughter is 10 years old and has never met her father. This is not due to refusal on my part, but lack of desire on his. Child support has been sporadic and only when seized by the state. Additionally, my child suffered a stroke as an infant and thus has special needs, some which are overt, others which are educational/emotional and require special attention. He knows very little about this, nor does he ask or express interest in this on the rare occasions that he calls. At this point in time, the less involved he is, the better. However, I do have a life insurance policy and do want to make sure that in the unfortunate event that anything should happen to me, my daughter will be well-cared for. I cannot possibly anticipate what her father might try to do. I would like to try to establish for my parents or sister to care for her in a will, but would like to know if this is possible. If so, what is the best avenue? Does this require obtaining an attorney or will the legal forms done online, etc. hold just as much weight? Thank you in advance for your time.
 


nextwife

Senior Member
You CAN create a Stand by Guardianship, which would temporarilly resolve the immediate issue of placement should you die. However, children cannot be "willed" to anyone, and, ultimately, the court would decide placement. You CAN pre determine who is guardian for the account holding life insurance proceeds for your daughter.
 

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