What To Consider When Choosing A Guardian For Your Child

In the instance that you pass away, do you know who your child's guardian would be? This can be a hard reality to consider and something that is not thought about by many people.

The main benefit of planning your estate with a Sivia Law attorney is that we help you choose and name your child's legal guardian.

1. Do you and the guardian share the same values?

Considering the financial, moral, family, and religious values of the guardian that you are considering to choose to care for your child. We often do not know of these values due to the discussion of finances and religion is not always a “hot topic” during gatherings. However when considering a guardian for your child, these are definitely things to discuss and think about. 

2. Does the guardian wish to be your child's guardian?

Often clients have not yet talked about the potential of being a guardian with the person they are considering choosing. For many obvious reasons this is a bad idea, mainly due to guardianship being such a big commitment. Asking someone to be your child's guardian is without a doubt incomparable to any other question you could ask them.

A one on one conversation is needed between you and the person you want to name as your child's guardian to ensure that you both are on the same page and that this person is not agreeing just because they feel obligated. That person should feel comfortable enough to say no without being worried that it will affect their relationship with you.

3. Does the guardian have your child's best interest at heart?

Picking a guardian for your child just off the strength that you think that is the most logical choice is not always best. You should assess that person's circumstances concerning family and finances. For instance if the prospective guardian currently has three children of their own, how much time will they have to devote to your own two children if you pass away? 

4. Does the guardian live in the same state as you?

Ideally you would not want to name a guardian who lives out of state. If this is the case though, you would need to consider if that person living out of state would affect your decision to name them as your child's guardian. There are pros and cons to living in every state as we know; the cost of living, social factors and especially the school systems in a state play a role in consideration.

Also look at it from a child's perspective who just lost their parent(s), would you want to move to a new state? Would you want to make new friends and reestablish yourself? These are some things to think about.

5. Has how much time needed to be a guardian been considered?

Once a child is 18 in most states they are considered a legal adult, so if your child is a teen then they only need a few years of guardianship. However if your child is a toddler or younger, then of course more time will be needed for guardianship.

So considering your view on what a good candidate would be, someone who is not 100% perfect may be a good fit for your teen opposed to if you have a toddler. 

6. Is the guardians significant other a good fit too?

If your prospective guardian is a perfect fit but their significant other is not 100% ideal to you for guardianship of your child then you may need to reconsider. This could be an issue for your child in the case that you pass away because although the legal guardian is the one to primarily care for your child, their spouse will be a fill-in guardian as well.

So thinking about the overall impact that this choice will have on your child is significant and can cause you to choose a different guardian. 

Naming a guardian is no easy task, but it does not have to be perfect. This choice can be very challenging for some and a no brainer for others. Our attorneys at Sivia Law can help you make this choice and weigh out your options. 

Interested in Working With Us?

If you need any help regarding your estate or other legal matters please reach out to us directly here and schedule a call with one of our paralegals on our scheduling page here.