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What If You and Your Child’s Other Parent Cannot Agree on a Guardian? | SB Estate Planning and Elder Law

Posted by Julianna Malis | Oct 06, 2021 | 0 Comments

It goes without saying that you and your child's other parent should name the same guardian for  your children. But what if you are divorced, or for whatever reason you and your spouse cannot  agree on the most suitable guardian? Naming different guardians will lead to a battle in court  should you and the children's other parent pass away while your children are still minors. The
decision over guardianship will then be in the judge's hands.

 

a man and a woman holding a small baby together

Part of the solution for this situation is to leave a Letter of Explanation outlining your reasons for choice of guardian. It is important to have an experienced attorney assist you in the drafting of
such a letter, but here are the basics of what should be included:


Who the children would prefer, that is, the relationship between the children and the
prospective guardian

Why your choice of guardian will best meet the children's needs, particularly with regard
to providing stability and proper care

The values and moral fitness of the prospective guardian

The physical and financial ability of the prospective guardian to raise your children

We have helped many couples select the ideal guardian for their children and designed wills or other planning documents to ensure their wishes are carried out. We welcome the opportunity to do the same for you. If this is something that concerns you, please give us a call at (805)946-1550.

About the Author

Julianna Malis

Julianna Malis, Attorney at Law, LL.M (Taxation-Estate Planning) Julianna helps families stop worrying about the ‘what ifs’ in life, and instead prepare for life events through proper estate planning. As the founder of Santa Barbara Estate Planning Law Group, she brings a family-centered approach to planning, with a focus on practical solutions for families and high net worth individuals...

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