It truly does not matter if you are separated or married, naming someone to act as the guardian for your kids is most likely the most fundamental part of your estate plan. Individuals that are divorced naturally presume that the other moms and dad will instantly get custody of the kids if something should take place to them. This holds true for the most part, but there are some scenarios to where it would be valuable if you have called a guardian for your children.
The court will take a number of things into factor to consider when deciding who will get custody of minor children.
– Who the kids wish to live with;
Some situations that you will desire to consider is the possibility that both you and your ex partner may die while your kids are still minors. The other moms and dad might be not able to look after the kids for some reason; perhaps they may be hospitalized, incarcerated or unsuited.
Although it can be really tough to prove the other moms and dad unsuited, it can happen and the court will take your will into consideration when calling someone as guardian. For these reasons it is an excellent idea to call a guardian in your will, even if you don’t think it will make any difference. If absolutely nothing else, it will provide you some comfort understanding that your children will be looked after, even if the other parent is not able to take care of this duty.