(a) A parent of a minor child may nominate a person to be the guardian of the minor child in the event of the death of the parent during the child's minority.
(b) (1) If a parent of a minor child has nominated a person to be the guardian of the minor child under subsection (a) of this section but another legal parent is alive and fit, the court shall give the living legal parent first consideration.(2) If subdivision (b)(1) of this section does not apply and the court finds the proof of nomination under subsection (a) of this section to be clear and convincing, the court shall give first consideration of the deceased parent's nomination under subsection (a) of this section.
(1) If a parent of a minor child has nominated a person to be the guardian of the minor child under subsection (a) of this section but another legal parent is alive and fit, the court shall give the living legal parent first consideration.
(2) If subdivision (b)(1) of this section does not apply and the court finds the proof of nomination under subsection (a) of this section to be clear and convincing, the court shall give first consideration of the deceased parent's nomination under subsection (a) of this section.