GUARDIANSHIP OF MINOR CHILDREN

In terms of planning for the needs of their minor children, the guiding star for parents is meeting the children’s needs in the event of the parents’ untimely death. This raises questions, first and foremost, of who will raise the children.

Parents should consider several factors before choosing a guardian to designate in their estate plans. There is no requirement to choose one’s parents, or any relative for that matter. In fact, depending on your parents’ age, this may not be the best idea.

Another factor is compatibility with your beliefs and values. The guardian will be raising your children and instilling in them certain ways of life. It is perfectly acceptable to choose a guardian who will be in line with your views on politics, religion, or even popular culture.

Another factor you may wish to consider, depending on the ages of your children, is proximity to your current location. If your children are school-age or teenagers, you may wish to consider the benefit of not uprooting them from their friends, schools, and other extracurricular activities.

Yet another factor is whether the prospective guardians have children or other child-caring experience of their own. Parenting is, of course, a major responsibility. It may not be a good idea to give it to someone who is not ready for to take on that experience, even in an emergency or tragic turn of events.

In that regard, perhaps the most essential thing to do is notify your chosen guardians ahead of time to make sure they are on board with taking on this huge responsibility. There was a film a few years ago about a couple and their two friends. The two friends, however, only grudgingly tolerate each other. The couple dies in a car crash and the friends find out they have been designated guardians of the couple’s baby. Of course, it all works out in the end. But life – and the law – are not a romantic comedy. This is a recipe for disaster and you most definitely should not try this at home. In terms of planning for the needs of their minor children, the guiding star for parents is meeting the children’s needs in the event of the parents’ untimely death. This raises questions, first and foremost, of who will raise the children.

Parents should consider several factors before choosing a guardian to designate in their estate plans. There is no requirement to choose one’s parents, or any relative for that matter. In fact, depending on your parents’ age, this may not be the best idea.

Another factor is compatibility with your beliefs and values. The guardian will be raising your children and instilling in them certain ways of life. It is perfectly acceptable to choose a guardian who will be in line with your views on politics, religion, or even popular culture.

Another factor you may wish to consider, depending on the ages of your children, is proximity to your current location. If your children are school-age or teenagers, you may wish to consider the benefit of not uprooting them from their friends, schools, and other extracurricular activities.

Yet another factor is whether the prospective guardians have children or other child-caring experience of their own. Parenting is, of course, a major responsibility. It may not be a good idea to give it to someone who is not ready for to take on that experience, even in an emergency or tragic turn of events.

In that regard, perhaps the most essential thing to do is notify your chosen guardians ahead of time to make sure they are on board with taking on this huge responsibility. There was a film a few years ago about a couple and their two friends. The two friends, however, only grudgingly tolerate each other. The couple dies in a car crash and the friends find out they have been designated guardians of the couple’s baby. Of course, it all works out in the end. But life – and the law – are not a romantic comedy. This is a recipe for disaster and you most definitely should not try this at home.

How an Attorney Can Help

Click here to Schedule a FREE Virtual Estate Planning Session. We will guide you through the entire process and help you understand what needs to be done to ensure your loved ones are taken care of.

PARENTING TIP:

Choose your words carefully and compassionately. Telling a child “That was a dumb thing to do!” can really hurt them, even if that wasn’t your intent. Let them know that everybody makes mistakes, even grownups, and that you love them no matter what, even if you always don’t love their behavior.