Can I Designate a Guardian for My Child if the Guardian Lives in a Different Country

You can designate a guardian for your child in your last will and testament. This is not binding on the  courts, but the courts will usually defer to the will as your wish, as long as that’s in the best interest of the child. What if your preferred guardian does not reside in this country? Then it would be up to the judge to decide if it’s in the best interest of your child to live in that country with that guardian. For example, if you would like your child to live with your sister in England, we don’t see why the judge would not allow that. But depending on the country and the relative, the judge’s decision may vary.

Attorney Albert Goodwin

Law Offices of
Albert Goodwin, PLLC
31 W 34 Str, Suite 7058
New York, NY 10001

Tel. 212-233-1233

[email protected]

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