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Can I have my oldest daughter be legal
guardian of our 2 youngest children
since my husband left us?
Asked on April 30, 2018 under Estate Planning, Wisconsin
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unfortunately, even if he left you, he still is legally your children's parent and still has his parental rights, unless a court actually terminates those rights for some reason, such as abuse. If something happens to you, the youngest will go to your husband. Your oldest daughter can be designated as guardian in case 1) he dies before you, then you pass away; 2) you pass away, then he passes away, so someone needs to take care of them; 3) he refuses to care for them after something happens to you. But he gets the first opportunity to care for them, unless a court orders otherwise.