How do I select guardianship if I am divorced?

So you’ve made it through your divorce and the custody battle. With the help of your dedicated attorney you actually fared pretty well. Now it’s time to plan for your future. Part of planning that future is considering what would happen to the children you fought so hard for if you weren’t around. Many times, divorced parents don’t really consider what is involved in designating a guardian for their children. If you don’t want them to go to your ex in the event of your death, there are things you can do.

Generally, when a custodial parent passes away, custody gets passed to the other parent, unless the parent has been deemed unfit. Even so, if you are creating a will and want to designate guardianship of your child, that isn’t with your ex, you can do so. Just as everything else will get examined, so will your choice for a guardian, and if you clearly state why you have chosen someone other than the children’s parent the courts will pay attention.

Now, this isn’t to say that your designation for guardianship will surely be followed. Your ex can always object to the guardianship and seek custody. However, having held legal and physical custody of your children while alive, you definitely have the upper hand after your death.

If you are considering designating a guardian for your children and don’t want your ex to get custody after your death, speaking to a trusted family law attorney may help. With their resources and knowledge of family law, you may be able to properly designate the guardian you want, and that is best for your child.