That is usually done in a guardianship clause in a will. It is not dispositive of the issue, but it will weigh heavily in the court's decision, especially if the reasoning behind the guardianship clause is explained in the guardianship clause.
If you would like to talk more about the specifics of your case, please give my office a call. Initial consultations are always free and believe it or not, I'm actually a pretty nice guy.
The Law Office of Robert Colby, LLC
73 Church Street
New Brunswick, NJ 08901
www.robertcolbylaw.com
(732) 609-3915
Admitted in New Jersey
Answered on Jan 29th, 2013 at 4:05 PM