You can name a caretaker for your kids as part of the will. If the designated guardian is incapable or unwilling to act, it is preferable to list both a primary guardian and a second caregiver.
Occasionally, parents decide to name a married pair as their children’s caretakers. You get the option to name two guardians, but they can have disputes or even get divorced. Thus, if you wish to name dual guardians, you must list them separately so they can independently act on your child’s part in court. Make sure to visit the Law Offices of John A. Bledsoe to eliminate any doubt in your legal matters.
Who should be chosen?
The choice of guardianship is intensely personal. Parents frequently pick caretakers who have similar parenting skills and moral convictions to themselves. An excellent friend or a family relative could serve as your guardian. A caretaker is not required to be wedded or to have kids. In essence, you must evaluate if a prospective caretaker has the time and funds to provide for your children by considering their current family responsibilities. You might also take into account the following things while choosing a possible guardian:
- age of the caregiver (should be at least 18)
- the caretaker’s psychological and physical well-being, their obligations to other kids
- The caretaker’s ethical ideals and religious background
- the guardian’s financial ability, as well as their work and extracurricular responsibilities.
All potential caretakers should be asked what they would feel concerning taking responsibility for your kids in the wake of your passing if in question. Their responses might help you decide more effectively.
Am I allowed to appoint different guardians for different children?
One might wish to name a new attorney for each kid when you have kids from past relationships. For example, although your additional children and your current father-in-law enjoy a special connection, your child from your previous marriage might not. When choosing a guardian, it’s crucial to consider the child’s connections and family ties.
Kids with a significant age gap might be best with separate guardians, even though they have the same parents. The number and type of guardians you select to represent you in your case will depend on the particular conditions of your household.
How do I stop my ex from raising my children?
Even though a parent has broad authority to name a caretaker, they are not permitted to choose a guardian who will tamper with another parent’s visitation rights. In divorce proceedings, this topic commonly comes up. Unless another parent’s privileges have already been severed or the parent is considered incompetent, a judge will award guardianship to the other parent after your passing.
You might include a document outlining your worries about your ex-spouse’s ability to raise your kids in the will if you have severe doubts about that.