Yes, you can generally name a guardian who is not a U.S. citizen or who lives outside the United States. However, there are important legal and logistical considerations to keep in mind before making that decision in your Will.
If you have any questions or concerns with naming a guardian who resides outside of the United States, it is highly recommended you work with an attorney in your state that can offer personalized guidance.
What the Court Will Consider
When you name a guardian in your Will, the court still has final authority to approve the guardianship after your passing. The court's main concern is the best interest of the child, not the citizenship or residence status of the person you choose.
That said, naming someone who lives outside the U.S. may raise additional questions during the court review.
Key Considerations for Naming a Guardian Abroad
1. Travel and Immigration Logistics
A child may need a passport or visa to leave the U.S.
The guardian may need to apply for legal residency or guardianship rights in their home country
The transition could be delayed if immigration issues arise
2. Legal Requirements in Other Countries
The guardian’s country may have its own custody or guardianship laws
Additional legal steps may be needed to recognize the guardianship outside the U.S.
3. Relocation Impact
Courts may question whether moving the child internationally is in their best interest, especially if the child has strong ties to the U.S. (school, family, etc.)
Should I Name a Backup Guardian?
If you choose a non-U.S. guardian, it’s strongly recommended to also name a backup guardian who lives within the United States.
This allows:
Immediate care for your child while international arrangements are made
A smoother transition if legal or travel issues delay the primary guardian from assuming custody
→ Related: What is a Guardian?