Legal Question in Family Law in Massachusetts
Delegating custody of minor after death.
I am recently divorced with legal custody of our minor son.
I would like to know whether it is possible to have my mother named legel guardian of our son if I were to pass away.
Asked on 5/15/02, 12:17 pm
2 Answers from Attorneys
John Pierce
Law Office of John R. Pierce
Re: Delegating custody of minor after death.
In your will you can nominate somebody to be guardian of your minor child in the event of your death. But a court will not be bound by your nomination, because a court has to make its own determination of the best interests of the child.
Answered on 5/15/02, 2:33 pm
William McLeod
McLeod Law Offices, PC
Re: Delegating custody of minor after death.
Your will can express your desire as to who should have custody, but the noncustodial spouse will generally get custody unless a court deems it not to be in the best interests of the child.
Answered on 5/15/02, 2:51 pm
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