Guardianship for Minors

Burlingame Guardianship Attorney Here to Guide You

What is Guardianship for Minors?

If you currently have children, choosing guardianship for minors in the event anything should happen to both parents, is a task that should never be put off. Far too many parents assume because they are relatively young, there is no need for them to name a guardian for their children. After all, it is not something most of us want to think about—someone else raising our children in our absence. However, no one can predict the future, it’s important to contact a Burlingame guardianship attorney to ensure your children are raised by who you wish.

Nonetheless, it is a subject which should be carefully thought-out—in short, how would you want your children to be raised in your absence, and who would you want to raise them? The odds are certainly in your favor that your chosen guardian will never have to actually step in and care for your children. If one parent dies, the parenting duties and custody generally fall to the other parent with no special arrangements. However, what if both parents were to die suddenly following an accident?

To ensure the person you would choose to raise your children will actually legally be able to do so, you must nominate that person as guardian in your will—carefully and deliberately. You will list the names and birthdates of all your children, and, depending on your current situation, you may want to include a provision for future children in the event you die before you have a chance to update your will following the birth of a new baby. Your Burlingame guardianship attorney can include language in your will to ensure any future children would also fall under your designation of a guardian.

In order to fully understand just how important nominating a guardian for your minor children really is, consider what would happen if you fail to do so. Many people assume their closest relative would automatically be appointed as guardian. Unless this person is specifically named in the will, this may not happen. If no guardianship for minors  is nominated in the will, the courts will determine without your input who will raise the children.

Since the courts do not know the parents’ preference for a guardian, a person the parent might find entirely unsuitable could be chosen. As an example, suppose you have had a very troubled relationship with your own mother, and you want your cousin to raise your children. If you fail to put these wishes in your will, the court might naturally assume that the children’s grandmother is the best person to raise them.

Things to Consider When Choosing Guardianship in California

There are so many important considerations when choosing a guardian for your children, but perhaps, in the end, the decision is made based on who you believe will love your children wholeheartedly, caring for them in the same manner you would. Age is, however, a consideration. Perhaps you adore your own parents (and had a fabulous upbringing), so you believe your parents are the best choice. That could well be true, but what if your parents are already in their 60’s—or older? That might not seem like a big deal if they are in good health, but it should still be a consideration.

Next, you will consider the location of the guardians you are considering. If you adamantly want your children to remain where they are now—in the same house and in the same schools—then you may need to choose a guardian who is close in location. Few adults would be willing to completely uproot their own lives (home, career, friends, and family) to move to your location—no matter how much they care about you and your children.

The next consideration is the guardian’s current family situation. Do they have children of their own? Will your child or children fit into their current family dynamic? Is the potential guardian single? If so, what if he or she later married a person who you might not want to raise your children? Does your potential guardian have a similar belief system as you? How does he or she feel about education, politics, religion, school activities, healthcare decisions, and discipline for the children?

Finally, once you have made your decision—ask. Never simply assume that the person you would choose to raise your children is willing to do so. Have a long, honest discussion with the potential guardian before you name him or her in your will. Finally, always have an alternate guardian named in your will. While the chances of something happening to you, then to your chosen guardian are very slim, it’s always good to have an alternate plan.