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The parents should execute a will that specifically names the person(s) they want to be appointed as the legal guardian of their minor children in the case of their untimely deaths. If both parents die that person(s) will need to petition the court for appointment. Generally, the court will follow the wishes of the parents when making the appointment unless a serious objection is made and evidence provided as to why that person should not be appointed the legal guardian.

Parents of minor children should always make this decision and commit it to writing so the court will not need to decide for them who will raise their children.

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16y ago

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