9th Circuit Court of Appeals: Still looney after all these years

[Presbygirl]

(02-10-2012 03:09 PM)lucrezaborgia Wrote:  

(02-10-2012 03:00 PM)C_Fresh Wrote:  Are you referring to homosexual partners or partners in general? According to what I'm read, you can appoint guardians for children and the courts only decide custody if this is not in place. Biological/adoptive parents both have automatic guardianship rights if the other partner dies. From what I see, the only thing you can't do is declare a guardian in place of the other biological parent.

http://www.babycenter.com/0_how-to-choos...1286759.bc most useful info is on p3.

I'm referring to partners in general. With homosexual couples however, one of the children cannot be biologically related to the other. Not all states allow for homosexuals to adopt their partners children so adoption isn't a magic solution.

Your assertion, and that of that website, is false. A judge has the right to choose someone other than an appointed guardian.

http://www.ncbar.org/download/planningYo...ldren.html

This isn't a national site but it is reflective of family law nationwide:

Quote:With a will, you recommend to the court the person or persons you want to raise your children. The court considers your recommendation carefully and will appoint your choice unless your choice is disqualified or not in the best interests of your children. There is a strong presumption that the guardian named in a parent's will is in the best interests of the children.

If each parent names a different guardian, the court will consider the recommendation in the will of the last parent to die. If the parents die at the same time, the court relies on the most recently dated will in appointing a guardian for minor children.

A divorced parent with custody -- even sole custody -- does not have the exclusive right to name a guardian for the children. If the parent with custody dies first, the parent without custody remains a natural guardian of the children. The court does not appoint a general guardian or guardian of the person for a child who has a natural guardian unless that parent has wilfully abandoned the child. A parent cannot cut off the parental rights of an ex-spouse simply by naming someone else in a will as guardian.

Haven't we had this discussion before? True, that it doesn't not HAVE to be honored. But, It is highly UNLIKELY for a judge to decide to rule against the wishes of one or both parents in the case of death, especially when the guardian choices are capable and willing to perform the office of guardian. The court is not interested in claiming children as welfares of the state when family members are waiting to step up.

@Luc. Would you please explain what the exceptions would be where a judge would rule against the wishes of parents spelled out in wills? If it is as tentative as you seem to be making it sound, what is the point of doing a will?