One question I receive fairly often: “can I name someone else in my Will to be the guardian of my child besides the other parent?” The short answer is yes you can, but the courts will not often enforce that nomination if there is a surviving parent. Typically, a guardianship designation in the Will of one parent cannot override the rights of a surviving natural parent.
In Illinois, the surviving natural parent has the right to custody of the child regardless of what is written in the Will of a deceased parent. The nomination of a guardian in a Will will be considered by the court if the surviving parent does not want custody of the child, or if there is some reason that parent is not fit to care for the child.
However, single parents should still include guardianship designations in their Wills because the other parent may die first or be unfit to care for the child.
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