Updating Your Will After Divorce

Naming guardians for your minor child

Many parents with young children will create wills in order to designate a guardian. This person would be appointed by the court to be responsible for taking care of your children if both parents passed away or were found to be unfit. In order for a parent to be deemed unfit, there needs to be a serious problem. Common problems include drug abuse and addiction or child abuse.

Unfortunately, if you believe your former spouse is not a good parent, it is unlikely that you can stop them from being appointed to raise your minor children after you pass away. If you have serious concerns regarding your former spouse getting custody in your absence, you can make your feelings known. Attach a letter to your will with all of the logical reasons why your ex-spouse would not make a good parent. Although there is no guarantee, the judge will have to take your letter into consideration when determining custody.

Naming guardians for your minor child is a deeply personal decision, even still, there are certain characteristics that are universal when it comes to what makes your chosen guardians good. Here are some things to consider:

  • How old is the guardian?
    When choosing a guardian, it is best to choose a guardian who is not so old that raising a child would be physically impossible, but not so young that they do not have the required life experience to raise your child.
  • Does the guardian have their own children?
    Another way to phrase this would be, “does the guardian have experience raising children?”
  • Will your children have to change schools?
    It is hard enough that your children are now without a parent, it is best to avoid making them change schools and leave their friends behind.

It is important that you and your ex-spouse are on the same page when it comes to naming guardians. This way you avoid any conflict, later on, should you both pass before your child comes of age. The divorce attorneys at Brandon Legal Group will help you through the entire divorce process. Brandon Legal Group offers a wide range of practice areas including estate planning. Should you and your ex not be able to come to an agreement, we can resolve your dispute either in court or through methods not involving a lawsuit.

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