Guardianship of Minor

questions & answers

Question: What ( if any ) court papers do I need to fill out if I wish to grant custody of my daughter to my mother if anything should happen to me? Or is a handwritten notarized paper sufficient enough?

Answer: A person can nominate a guardian for her daughter in her Last Will & Testament. The person nominated will still need to file the appropriate paperwork, please see the Arizona Supreme Court self-help information here: (http://www.azcourts.gov/selfservicecenter/SelfServiceForms/FilingforMinorGuardianship.aspx) and a copy of that Will upon your death. A child who is over the age of 14 has a right to tell the court his/her preference for guardian and living arrangements. The judge makes the ultimate and final decision, but the requests of the child and nomination of the parent are given a lot of weight in that decision making process. Her father, however, has a right to object and present evidence about why he is the appropriate choice.