If you don’t name a guardian for your minor children, you won’t have a voice deciding the person who will raise them if you die. When a parent passes away without a will, the court determines who should get custody of the kids. If your child’s other parent survives you, the court will grant custody to that person without special actions. However, if the other parent is unwilling, unfit, deceased, or unable to take guardianship over your kids for whatever reasons, a judge will select the person he or she deems most appropriate. This may lead to your child being taken care of by someone you wouldn’t want raising them at all. Many times, a court’s decision regarding the custody of kids where there’s no will is less than ideal. Without a will, a judge, who doesn’t know you or your children, cannot understand your preferences for guardians unless there’s a legally binding guardianship document.
Moreover, family members may start fighting over your children leading to unending court disputes. Even worse, no one may be willing to take your child, and this may lead to your child being placed under foster care. Not naming a legal guardian for your children is doing them an injustice. So it’s important to designate a guardian to ensure your kids are not tossed around if you die or become incapacitated.
If you want to designate legal guardians for your minor children, Leydorf Law Firm, PLLC can help you do that. Our personal family lawyers will advise you on the best legal documents to use in naming guardians.