You can name a guardian for your minor children who lives outside the U.S., but there are additional considerations:
Guardianship Approval: The court must approve the guardian, regardless of where they live. Courts typically evaluate whether the chosen guardian is in the best interest of the child. While the location of the guardian is important, it’s not a disqualifier on its own.
Logistics: Guardians who live outside the U.S. might face logistical challenges in moving the child to another country. These could include:
Travel and Visa Issues: The child may need a passport, visa, or other travel documentation, depending on the destination country.
Residency Requirements: The guardian may need to arrange for residency or citizenship for the child in the foreign country.
Legal Requirements in Both Countries: You’ll need to consider the legal requirements for guardianship both in the U.S. and in the country where the guardian resides. Some countries may have different rules regarding guardianship and child custody.
Backup Guardian: It’s a good idea to name a backup guardian who lives in the U.S. in case the out-of-country guardian faces delays or obstacles in taking custody of the child.