General Legal

Thursday, October 08, 2009

Common Mistakes When Naming Guardians for Your Children

Mistake #1 – Not doing it. If something happens to you, the court will need to name a guardian for your minor children. The best person to make that nomination is you. You know your child’s needs and who would best raise them. Don’t leave this decision up to a judge who doesn’t know all the details.

Mistake #2 – Your parents may be the best people to care for your children in your absence, but it is more likely that they will pass away before you do. If you name a parent, make sure to name a back-up (or two) or else you may be making Mistake #1.
Mistake #3 – Your brother and his wife may both feel like family, but the reality is that 50% of marriages in California end in divorce. Decide who you want to name as a guardian and just name that person. If that person becomes the guardian and is married, then bonus – the spouse can help too.
We see these mistakes in our office all the time, and counsel our clients how to avoid these mistakes, and many more.
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