If you’re the parent of a minor child, children, or a child with special needs, an important part of your estate planning is choosing a guardian for them. Without taking the proper legal steps, if you pass away or become incapacitated before your child reaches adulthood, the state names a guardian. Create peace of mind by being proactive and consulting an attorney to name a guardian in your will.

Wise Estate Planning for Child Guardianship

1. Married to or Divorced From the Other Parent

If your spouse or ex-spouse is the child’s other parent, that’s the person you’re likely to name. Family law and estate planning attorneys recommend naming an alternate too, in case your spouse passes away when you do, or becomes unable to serve.

2. Widowed Single Parent 

When a single parent is widowed, or the other parent is unavailable, they might want to name a close relative or a friend who has a good relationship with the child. A guardian and alternate should be willing and able to take on full parenting responsibility. Parents might consider their child’s age and temperament, their potential guardian’s age, lifestyle, and whether they have or want to have children of their own.

3. Single Mother Who Never Married Child’s Father

In Ohio, if a child’s mother never married the father, the father has no right to child custody unless a court orders it. The mother is not obligated to name the child’s alleged father as a guardian in her will but can choose to do so. In consulting with an estate planning attorney, mothers should consider the prospective guardian’s lifestyle, and whether their values and attitudes about raising children are compatible with hers. 

Making a will to name guardians for minor children is an aspect of estate planning involving complex and sometimes difficult choices. Parents turn to the attorneys of Riley Resar & Associates PLL of Lorain, OH, to provide wise counsel and representation in family and estate planning matters. With almost 40 years of experience, a focus on client satisfaction, and affordable rates, they have earned the community’s trust. Learn more about their practice areas online now, and for an appointment, call (440) 244-5214.