Child Custody

questions & answers

Question: My husband and I want to know the best way to ensure that if something were to happen to us both, that our daughter would not become a ward of the state. How can we ensure that she would go to my husband's parents for guardianship?

Answer:

Arizona Revised Statutes, § 14-5202, states as follows:

14-5202. Testamentary appointment of guardian of minor

The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section 14-5203, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated, if before acceptance, both parents are dead or the surviving parent is adjudged incapacitated. If both parents are dead, an effective appointment by the parent who died later has priority. This state recognizes a testamentary appointment effected by filing the guardian's acceptance under a will probated in another state which is the testator's domicile. Upon acceptance of appointment, written notice of acceptance must be given by the guardian to the minor and also to either the person having his care or his nearest adult relation.  (Emphasis added).

Accordingly, both you and your husband may want to consult with an attorney about preparing respective Last Wills and Testaments.  You and your husband can each specify guardianship appointment preferences for your daughter (including alternate designations) in the event of your deaths.