Divorce and Naming a Guardian for Your Children
It really doesn’t matter if you are separated or married, naming somebody to serve as the guardian for your children is most likely the most fundamental part of your estate plan. People that are divorced naturally presume that the other moms and dad will automatically get custody of the children if something should take place to them. This is real for the most part, however there are some circumstances to where it would be useful if you have called a guardian for your children.
The court will take a variety of things into factor to consider when deciding who will get custody of small children.
– Who the kids wish to live with;
Some situations that you will wish to think about is the possibility that both you and your ex partner may die while your children are still minors. The other moms and dad might be not able to look after the kids for some factor; maybe they may be hospitalized, jailed or unsuited.
Although it can be very difficult to prove the other moms and dad unsuited, it can occur and the court will take your will into consideration when naming somebody as guardian. For these factors it is an excellent idea to call a guardian in your will, even if you do not think it will make any difference. If nothing else, it will give you some comfort knowing that your kids will be cared for, even if the other parent is unable to take care of this responsibility.