Define: Ex Delectu Familiae

Ex Delectu Familiae is a Latin term that refers to the right of a family member to be chosen as the guardian of a minor child in the event of the parents’ death.

Typically, the right of Ex Delectu Familiae can be exercised by a family member, such as a grandparent, aunt, uncle, or other close relative of the child.

Yes, the right of Ex Delectu Familiae can be contested if there are valid reasons to believe that the chosen family member is not suitable to act as the guardian of the child.

Factors such as the family member’s relationship with the child, their ability to provide for the child’s physical and emotional needs, and their overall fitness as a guardian will be considered.

Yes, if there are valid reasons to do so, a non-family member can be chosen as the guardian of the child instead of exercising the right of Ex Delectu Familiae.

In some jurisdictions, the right of Ex Delectu Familiae can be waived by the parents through a legal document such as a will or guardianship designation.

If there is a dispute among family members, the court may intervene to determine the most suitable guardian for the child.

In some cases, the right of Ex Delectu Familiae can be exercised if the parents are unable to care for the child due to illness, incapacity, or other reasons.

The right of Ex Delectu Familiae may be recognized in some jurisdictions but not in others, so it is important to consult with a legal professional to understand the laws in your specific area.

To ensure that your wishes are followed, it is important to create a legally binding document such as a will or guardianship designation that clearly outlines your preferences for the care of your child.