Another guardian question

[frylover]

What is the name of your state (only U.S. law)? LA

This was prompted by Ohiogal's response to another poster. It's kind of similar but I didn't want to hijack.

I understand that you can not will a child. However, OG told this poster to appoint a standby guardian in her will and list why she and her husband had chosen that person and why they wanted another family member excluded.

My question is what chance, if any, would a non-related person have of receiving custody over a blood related persons if BOTH parents expressed their desires for it (to be clear, this is not a parent trying to cut the other parent out in favor of a step or anyone else!) Second, IF it were even a possibility, what sort of reasons would a judge give weight to.

Edited to apologize: I just realized this was the "grandparent's rights" forum and this is not actually a g'parents rights question...although that is who is at the TOP of the list of people I'd rather not have my kids!

 

[Ohiogal]

What is the name of your state (only U.S. law)? LA

This was prompted by Ohiogal's response to another poster. It's kind of similar but I didn't want to hijack.

I understand that you can not will a child. However, OG told this poster to appoint a standby guardian in her will and list why she and her husband had chosen that person and why they wanted another family member excluded.

My question is what chance, if any, would a non-related person have of receiving custody over a blood related persons if BOTH parents expressed their desires for it (to be clear, this is not a parent trying to cut the other parent out in favor of a step or anyone else!) Second, IF it were even a possibility, what sort of reasons would a judge give weight to.

Edited to apologize: I just realized this was the "grandparent's rights" forum and this is not actually a g'parents rights question...although that is who is at the TOP of the list of people I'd rather not have my kids!

There are no guarantees. If there is information that could prove dangerous to put the children with a potential guardian that is information worth knowing. If the children do not have a strong relationship with a legal stranger who might make a claim (NOT A PARENT) that could be important. It doesn't mean that it would determine anything but if the information is available from the parents (who wouldn't be around to testify) it could come into play.

 

[frylover]

Thanks OG!

Hubby and I SHOULD have done wills LONG ago (our girls are 8 and almost 12). I guess the best course of action is to see an attorney and get that done, include the information that we want known, set things up to protect their inheritance from the relatives as close to 100% as is possible.....then NOT DIE within the next 10 years!

 

[LdiJ]

Thanks OG!

Hubby and I SHOULD have done wills LONG ago (our girls are 8 and almost 12). I guess the best course of action is to see an attorney and get that done, include the information that we want known, set things up to protect their inheritance from the relatives as close to 100% as is possible.....then NOT DIE within the next 10 years!

One thing that you can feel 100% secure about is that you can set up financial situations to protect your children. That is something that your wills absolutely CAN control.

Your wills cannot 100% control custody, but they can 100% control inheritances.

 

[frylover]

That's good to know...my MIL has this idea that what one family member has should be freely shared with anyone else in the family who wants/needs it. And I agree....but only up to a point!