The last surviving biological parent may wish to ensure that a stepparent is appointed as the child’s legal guardian in the event of their death. This can be done by way of a guardianship clause in the biological parent’s Will directing that the stepparent become legally responsible for the child upon the biological parent’s death. Consideration should be given to appointing a guardian where there is a potential for dispute. However, a guardianship clause is only a direction and is not binding. If a dispute arises, the final decision rests with the Family Court.

in Custody Rights
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