As a parent, one of the most important things you can do is plan for your children’s future—even when you hope you’ll never need the plan. An unexpected illness, accident, incarceration, deployment, or other life circumstance could leave you temporarily or permanently unable to care for your children. Without a plan, your family may face uncertainty about who can step in and care for your children. The good news is that parents can take steps now to help protect their children and make their wishes known.

Who Will Care for My Children?

If you become unable to care for your children, the answer may depend on the circumstances and whether you have already made a legal plan. A family member or another trusted adult may be able to care for your children, but simply telling someone that you want them to do so may not be enough to establish legal authority. Guardianship may be an option when a child needs someone other than a parent to have legal responsibility for their care.

What Is a Guardianship?

A guardianship is a legal arrangement in which a court gives an individual authority and responsibility to care for a child. A guardian may be responsible for important decisions involving the child’s education, medical care, living arrangements, and overall well-being. Guardianship can be particularly important when a parent is unable to provide care and wants to make sure a trusted person is prepared to step in.

Can I Choose Who Cares for My Children?

Parents can generally identify someone they would like to care for their children, but choosing a person does not necessarily guarantee that person will automatically become the guardian. The court will consider the circumstances and, most importantly, the child’s best interests. That is why it is important to discuss your wishes with the person you have in mind and take the appropriate legal steps to put your plan in place.

What If I Don't Have a Plan?

Without a plan, family members may disagree about who should care for your children, or someone may have to go through the court process before receiving legal authority to make decisions for them. This can create additional stress during an already difficult time. Taking action ahead of time can help your family understand your wishes and potentially make the process smoother if the unexpected happens.

How Can I Protect My Children Now?

Start by thinking about who you trust to care for your children and whether that person understands your children’s needs, routines, and values. Then, talk with a family law attorney about the legal options available to you. Depending on your circumstances, this may include establishing a guardianship plan and preparing other important documents. Keep your documents organized and make sure the people who may need them know where to find them.

Know Your Rights. Act Early. 

You can't always predict what will happen tomorrow, but you can prepare for the unexpected today. Having a plan for your children can provide peace of mind and help ensure that the people you trust are prepared to step in when your children need them most. If you are concerned about who would care for your children if you became unable to do so, don't wait until it's too late. Talk with a qualified family law attorney about your options and take steps to protect your children's future.

Call us now to schedule a consultation: (602) 586-5625. 

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Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship with Wheeler Law.