When parents with small children prepare a will, they usually name someone to serve as their children’s personal guardians. If neither parent is accessible, this individual will raise the children. However, the process can certainly become more complicated if there is no official indication.
If a guardian is required and there is no will, the judge must assign one without regard for the preferences of the deceased parent. Before making a decision, the judge will collect as much information as possible about the children, their family situation, and the deceased parents’ desires to make an informed decision. The most important guideline is that the judge must always behave in the children’s best interests.
For these reasons, guardianship of a minor child awarded after the passing of a parent is usually a very specific process with varying results depending on the relevant information. Despite the feelings of surviving family members, no one person is entitled to assuming guardianship if a parent passes before officially selecting someone to care for their young children.