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 vital part of your estate plan. Individuals that are separated naturally presume that the other moms and dad will immediately get custody of the kids if something must happen to them. This is true in many cases, but there are some circumstances to where it would be handy if you have named a guardian for your kids.
The court will take a number of things into consideration when deciding who will get custody of small children.
– Who the children wish to live with;
Some circumstances 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 parent might be not able to care for the kids for some factor; perhaps they may be hospitalized, incarcerated or unsuited.
Although it can be extremely tough to prove the other parent unfit, it can take place and the court will take your will into consideration when naming someone as guardian. For these reasons it is a great idea to name a guardian in your will, even if you don’t think it will make any difference. If absolutely nothing else, it will offer you some comfort knowing that your children will be cared for, even if the other moms and dad is not able to take care of this obligation.