Can a Non-Citizen or Non-Resident be a Guardian of a Child?

In New York, a non-citizen or non-resident can be a guardian if it’s in the best interests of the child. The decision is ultimately up to the guardianship court. The best thing to do when you designate a guardian is to designate a back-up guardian or co-guardian who is a U.S. Citizen or at least a U.S. permanent legal resident.