When a parent chooses a guardian for their children in a will (known as a testamentary guardian) while the other parent is alive, the law states that the guardian and the parent will take care of the children together. Both the parent and the guardian will have the same rights to the child, such as living with the children or making decisions for the children. The surviving parent have full rights by fact of being a biological parent and the guardian as well because the deceased parent of the child will have passed on these rights. The guardian, upon being appointed, has full parental rights, which they can pass on by appointing another guardian to the children in their will as well.
The law does not limit it to one parent to choose a guardian for the children. Both parents can choose guardians for their children. When the parents have chosen separate guardians, they must care for the children together. The law does not dictate whom a parent chooses as a guardian if the person is above 18 and is a citizen of Uganda. This means that you can choose a male or female; a mother is therefore not limited to choosing a woman as the guardian in her will.
When choosing a guardian, what is to be considered is if the person is willing and what will be best for the children. If the parent thinks the guardian is not good enough to raise the children, they can apply to court. Similarly, if the guardian thinks that the parent is not fit to raise the child, they too can apply to the court to have this person’s parental rights taken away. When the court is deciding, it will consider what is best for the children. This could be that the two work together or choose one of them.
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Source: BarefootLawyers
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