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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100423
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am a guardian of a minor child, I have had guardianship

Customer Question

I am a guardian of a minor child, I have had guardianship over her for 9 years now,, from the day she was born, I have her because the mother is a drug addict and the family all have criminal pasts.. I am doing my will, if I die am I able to leave the minor in my will to another guardian I feel will look after her and raise her right. I have an Ontario Court document of guardianship, at this time I live in Prince Edward Island. I just need to know if I can name a guardian if I die before she is 18, I really do not want her to go to any blood family because of drugs and criminal records of family members.
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.

It would be very appropriate for you to have a provision in the will setting out who you would like to act as guardian for the child.

However, what you should know is that the provision in the Will will not necessarily be binding in a court. Rather, whenever someone wishes to apply to custody of a child the court will make its decision based on what it determines to be in the best interests of the child. The provision in the Will will be considered as strong evidence that you have made a decision as to what would be best for the child, and as you are the guardian of the child your wishes would be given considerable weight. You should know that this is the same even for a biological parent.

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