Unless your spouse or partner has adopted your minor children, a court would decide what would be in the child’s best interest. Typically, your family of origin and that of the child’s other biological parent are given preference by the court. However, in your last Will, you can nominate your spouse or partner to be the guardian for your minor child. The court will then give weight to your suggestion while weighing what is in the child’s best interest.
About Seth Bier
Seth Bier is an estate planning attorney serving Redondo Beach, Palos Verdes Peninsula, Manhattan Beach, Hermosa Beach, Torrance, and families throughout the South Bay. His practice focuses on trust planning, probate avoidance, and long-term inheritance protection strategies.
