Hi and thanks for your question.
If you are the sole legal and sole custodial parent then you can make the decision about who should take over custody/guardianship of your children if something is to happen to you; however, if there is another legal parent in this situation with custodial and parental rights, then that parent will have to agree to this decision you make to transfer your parental/custodial rights; if there is no agreement, then the dispute will have to be decided by the court.
I hope that this answers your question; if so, please click the green Accept button. Thanks very much and I wish you well.
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