Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.if I establish a guardian for my children in that document, will it have any legal standing if there is another party with rights to custody?
It will have an impact
, but it would not control the decision of the Court. If something should happen to you and there are minor children, then custody would fall unto the other parent, if there is one, or if there is not or if the parent is deemed unfit, the Court would grant custody to whomever it deems proper, be it extended family
or a foster family.
The Judge will go off "the best interest of the child
" doctrine in making this decision. Kent K. v. Bobby M., 110 P. 3d 1013 - Ariz: Supreme Court 2005
. In deciding this, The Judge will look at factors such as general stability of the potential guardian, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.
Your wishes per the Last Will and Testament as to who should be assigned would be weighed heavily and considered, but would not be "binding" and the Judge can override them if they believe it is proper to do so.
So there is no guarantee, although often, the Judges do follow the wishes of the deceased provided there is no compelling reason not to (i.e. your choice has drug problems, unstable, etc).
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