What If You and Your Child’s Other Parent Cannot Agree on a Guardian? | SB Estate Planning and Elder Law
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.
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.
Author Bio
Julianna Malis is the Founder and Managing Partner of Santa Barbara Estate Planning & Elder Law, a Santa Barbara estate planning law firm she founded in 2014. With more than 25 years of experience practicing law, she has dedicated her career to representing clients in a wide range of legal matters, including estate planning, elder law, Medicaid and Medicare planning, probate, and other estate planning areas.
Julianna received her Juris Doctor from the University of the Pacific — McGeorge School of Law and is a member of the California State Bar Association.
