What if I’m divorced/separated from my child’s other parent?

If you pass away and your child’s other parent is still living, the court will generally consider the surviving parent to be the child’s natural guardian, even if you named someone else in your guardianship nomination document. That’s because – despite who may have been awarded custody – divorce or separation does not normally terminate parental rights. If the court finds, however, that the surviving parent is unfit to be guardian, your nomination document will be considered when determining whom to appoint and what is in the best interests of your child.

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