Divorce and Naming a Guardian for Your Children
It really doesn’t matter if you are divorced or married, naming someone to act as the guardian for
your children is probably the most important part of your estate plan. People that are divorced
naturally assume that the other parent will automatically get custody of the children if something
should happen to them. This is true in most cases, but there are some situations to where it would
be helpful if you have named a guardian for your children.
The court will take a number of things into consideration when deciding who will get custody of
Who the children want to live with
Which person will best be in a position to meet the needs of the children
Character of the proposed guardian
The relationship the children have with the proposed guardian
The parent’s choice of guardian
Some situations that you will want to take into consideration is the possibility that both you and
your ex spouse may pass away while your children are still minors. The other parent may be
unable to care for the children for some reason; perhaps they may be hospitalized, incarcerated or
Although it can be very difficult to prove the other parent unfit, it can happen and the court will
take your will into consideration when naming someone as guardian. For these reasons it is a
good idea to name a guardian in your will, even if you don’t think it will make any difference. If
nothing else, it will give you some peace of mind knowing that your children will be cared for,
even if the other parent is unable to take care of this responsibility.
Experienced estate planning attorneys Fayetteville AR of the Deborah Sexton Law Office PA
offers estate planning and business planning resources to residents of Fayetteville AR. To learn
more about these free resources, please visit http://www.arkansas-estateplanning.com today.