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When fighting for custody of a child, and both parents of that child are deceased, does the child go to the eldest
The court will look to who the parents wanted to take care of the children. Was there a will regarding the choice of guardian? If the parents did not select a guardian in their wills and several relatives vie for guardianship, the court will look to the best interest of the children. Indeed, even if a guardian was selected, the court does not have to follow the parents' wishes. Although, their selection may carry great weight in determining the best wishes of the children. One key consideration will be keeping the children together.
