§ 3043 Parental Guardian Nomination Consideration

Family Code·California

AI SummaryVerified

This law says that if a parent has already picked someone to take care of their child if they can't, the court should listen to that choice when deciding who gets custody.

Key Takeaways

•If a parent picks a guardian for their child, the court should consider that choice.
•This only applies when the court is deciding who gets custody.
•The parent's choice isn't the only thing the court looks at, but it's important.

Example

A mom writes in her will that she wants her sister to take care of her kids if something happens to her.

The court will think about this mom's choice when deciding who the kids should live with.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 3043 Parental Guardian Nomination Consideration

In determining the person or persons to whom custody should be granted under paragraph (2) or (3) of subdivision (a) of Section 3040, the court shall consider and give due weight to the nomination of a guardian of the person of the child by a parent under Article 1 (commencing with Section 1500) of Chapter 1 of Part 2 of Division 4 of the Probate Code. (Repealed and added by Stats. 1993, Ch. 219, Sec. 116.50. Effective January 1, 1994.)

Last verified: January 9, 2026

Key Terms

custody guardian Probate Code nomination

References

Official text at leginfo.legislature.ca.gov
California Legislature. Family Code. Section 3043.

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Related Statutes

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Key Takeaways

Example

Key Terms

Related Statutes

References