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Does other parent have to be listed in will as Guardian of child in California?

San Jose, CA Viewed 20 times. Posted 5 months ago in Guardianship

I have physical and legal custody of minor child in CA. Child support stopped abruptly several years ago, and the father's whereabouts unknown. Child met father when toddler and does not remember or want contact with father. Want to list my siblings as co-guardians in my will. Is that legal if other parent is assumed alive? - Is this your question? Add additional information

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Answers (1)

Janet Lee Brewer

Janet Lee Brewer

Contributor Level 7

This attorney is licensed in California. Posted 5 months ago.

If the other parent is still alive, he has the first right to have custody of the child (parental rights), whether he's provided child support or not. Definitely list your siblings as guardians, in case the father cannot be found.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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