Skip to main content

SURVIVING PARENT VS GUARDIAN




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.


#Wills4Women #FATEProjectUG, #FATEProject#InspireInclusion #AccelerateProgress #InvestInWomen #InvestinWomenAccelerateProgress


Download your will template here:  https://barefootlaw.org/wills/

Source: BarefootLawyers 

Comments

Popular posts from this blog

Arrested Arua City Officials Taken to Kampala this Night.

Wednesday 8-November-2023. 📸: The arrest of Arua City Physical Planner Mr Findru Moses on 6-Nov-2023 at around 2pm. 📸: Mr Jobile Cornelius the City Deputy town clerk who was arrested on 7-Nov-2023 at around 4pm. 📸: Mrs Lillian Aleni (in red cloth) and Mr Edoni Benard being handcuffed by police officer on 6-Nov-2023 at around 6pm. The bail that was to be issued last night 8pm 7-Nov-2023 to release the arrested City Deputy town clerk Mr Jobile Cornelius and CFO Mr Sam Adriko over mismanagement of government properties and monies was canceled, and by this time of the night 11pm, highly placed sources leaked that, all the arrested suspects (Mr Findru Moses the Arua City Physical Planner, Mr Jobile Cornelius the Deputy City clerk, Mr Adriko Sam the CFO, Mr Edoni Benard the PDM BOG Chairperson for Pangisa ward and Mrs Lillian Aleni the parish chief for Pangisa ward) are being transported by State House Anti-corruption Unit officers who will soon be reac

Wedded Ayivu West MP Lematia John Fights Over Another Woman.

  📸: Hon Lematia John. By URN. Police in Arua district are investigating a case of assault and threatening violence involving the Member of Parliament for Ayivu West Constituency John Lematia and James Ariko, a DSTV technician in Arua city. Drama ensued on Easter Sunday 31-3-2024 at Dream Land Hotel located at Kuluva trading center along Arua-Nebbi highway in Arua district when the legislator and the technician engaged in a fight reportedly over a woman identified as Faith Eyotaru 25, a relationship officer at Victoria University Kampala. The scuffle started after Ayivu West Mp John Lematia went to swim at Dreamland Hotel with Faith Eyotaru only to find Ariko, who had gone to the same hotel earlier. However, upon seeing the duo coming out of the vehicle, Ariko confronted Lematia with both men claiming to be having a relationship with the lady. It took the intervention of the staff at the hotel who intervened and separated the fight between the men. Josephine Angucia, the West Nile re

41-Years-Old Man Digs His Own Grave in Maracha District.

Story by Osuta Yusuf.  Maracha District.  📸: The grave been dug by Mr Opiga Michael, a victim of frustration. Photo taken by Osuta Yusuf , on Wednesday 11-September-2024. The residents of Ebapi village, Baria Parish in Nyadri Sub-county, Maracha east constituency, Maracha District are in shock after a 41 year old man started digging his own grave. The man, identified as Mr Opiga Michael, who seems to be frustrated over some challenges in life, started digging his own grave on Tuesday 10-September-2024 until he was stopped by the elders in Nyaria clan. 📸: Opiga Michael, the Victim of Frustration. Photo by Osuta Yusuf , Information is Power. While speaking to our reporter on Wednesday evening 11-September-2024, Mr Opiga Michael, said, his main plan  was to commit suicide after finishing digging the grave for burying himself, explained that, he feels frustrated, abandoned and hated by his own clan people, whom he accused of piling lies against him and some even a