Becoming a parent changes your perspective on everything. You spend hours researching the safest car seat, the healthiest foods and the best pediatrician. But there is a much bigger question that often gets pushed to the bottom of the to-do list because it is uncomfortable. If something happens to you and the other parent, who will step in to care for your children?
The risk of assuming family will step in
Many couples assume that if they pass away, a close relative like a grandparent or sibling automatically takes custody. Unfortunately, the law does not work that way. If you do not have a legal document stating your preferences, a judge makes the decision. That judge likely does not know your family dynamic.
The court focuses on determining the “best interests of the child.” A judge might define that differently than you would. Furthermore, if multiple family members come forward believing they are the best choice, it can lead to emotional and expensive litigation.
Naming a guardian gives you control
This uncertainty is why creating an estate plan is essential for parents of minor children. By nominating a legal guardian in a will, you tell the court exactly who you trust to raise your children. This prevents potential family infighting and helps ensure someone who shares your values raises your kids.
Choosing the right person is a crucial decision. When discussing potential guardians, you might consider factors such as:
- Location and whether the children would have to move
- Age and physical ability to care for a young child
- Financial stability and existing household size
- Parenting philosophy and moral values
It is often helpful to have a candid conversation with the people you are considering to see if they are willing and able to take on the responsibility.
Peace of mind for your family
Creating a will ensures your voice is heard even if you are not there to speak. An attorney can help draft these documents to ensure they meet state requirements and cover all necessary contingencies.