Sarmstrong
New Member
- Jurisdiction
- California
If I were to appoint family friends of mine, who are Canadian, but who live in California, to be my childrens' guardian In my will, would that be upheld?
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Can I Appoint Canadian as Guardian?
- Thread Starter Sarmstrong
- Start date
army judge
Super Moderator
I think you are confusing the legal purpose of guardianship.
Obtaining legal guardianship begins with filing a petition for guardianship and other necessary paperwork in California.
A person can file the necessary paperwork at the Superior Court in the county where the child legally resides.
Children aren't chattel, such as your car, your furniture, your gold bars, your father's antique 16th century musket, your lovely painting by Renoir, etc... all of which can be inherited.
Children are human beings, and can't be owned like cattle, sheep, or goats.
You can't use a will to convey what was conveyed upon you via an act of birth, or a legal adoption, parenthood -aka- guardianship over your minor children.
I suggest you discuss your plans for your minor children's care upon your untimely demise with a licensed, California family law attorney.
There are others who might wish to lay claim to guardianship of the minor children you parent, which is why you require REAL legal guidance from YOUR attorney.
Sarmstrong
New Member
I think you're confusing me not being a lawyer and not having legal expertise (hence my need for a forum) with me viewing my children as chattel. Just because I (admittedly!) don't understand how the law works (not a lawyer!), doesn't mean I don't view my children as human beings. In fact, I would argue that the fact that I'm a healthy 32 year old with a healthy 35 year old husband and making a will is even on my radar is a sign that I care very much about what happens to my children. As for consulting a lawyer, there's certainly a time for that, but that time is not right now. Right now I'm still trying to figure out what I want, so consulting a lawyer would be a waste of time and money. It IS the time to attempt to gather info from a forum. I don't get what you think the point of this forum is anyway if you expect those asking questions to already know how the law works and you think they should just ask a lawyer they've hired anyway.
To clarify...Is your husband the father of the children? If not, is the other parent in the picture?
Sarmstrong
New Member
Yes, he is. This would be in the case that we both died.
Disabled Vet
Well-Known Member
Seeking a lawyer should be your first choice. As it would tell you what is needed. What things you need to think about. How to get your stuff in order to put together a proper will.
Zigner
Well-Known Member
I'm confused...at what point did army judge imply that you saw your children as property? He was merely explaining they why of his answer.
You can use your will to express your wishes, but those wishes don't have to be adhered to, for the reasons explained by army judge.
Sarmstrong
New Member
Generally if someone feels the need to explain to me that children aren't chattel I take that to mean that he is under the impression that I think they are. There's are many less-demeaning ways to answer the question.
Alright, I've tried this forum out and am left without much helpful information and am still wondering why you all are here if not to actually answer these types of questions, so I'm signing off.
Zigner
Well-Known Member
I think you need to reexamine your feelings on this. You were not demeaned at all. You were given an explanation as to WHY the answer is what it is.
To summarize: Lighten up.
zddoodah
Well-Known Member
You cannot "appoint" anyone -- regardless of his/her residence -- as your children's guardian (in your will or otherwise). What you can do is state a preference that some person be appointed as your children's guardian (if you die before they reach the age of majority). California courts will generally honor a parent's expressed preference unless doing so would impinge on the children's other parent's rights. That the person(s) in question are Canadian or Egyptian or Russian or Australian is of no legal relevance.
Actually consulting a lawyer wouldn't be a waste of time or money as you would get legitimate legal advice - which you won't get any legal advice here. (Read the disclaimer at the bottom of the page).
The disclaimer actually says to consult a lawyer.
It's also not a waste of time or money if you want your will to be done right and make sure nothing comes up after you die that could cause problems for those handling your estate or the guardianship of your kids.
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