If you are a parent of young children, it is important for you to designate a guardian for them in the unlikely event something happens to you when they are minors. Most parents have thought about doing this or have at least contemplated who they would want raising their children (or who they would not want raising their children!), but few have put their preferences into writing.
Did you know that if you do not legally designate a guardian, you are effectively leaving this important decision to a court? In all likelihood, this means your parents, in-laws, siblings, friends and perhaps even the godparents of your children will have to decide amongst themselves or battle for custody in front of a judge. This judge will not necessarily have the same concerns, values or knowledge as you and it is unlikely that a judge would make the same decision you would make.
For instance, did you tell your children’s godparents that you want them to take care of your children if something happens to you? Put it in writing because a court prefers appointing family members to non-relatives. Do you and your spouse prefer your parents or siblings to your in-laws? Put it in writing because the court’s decision will be based on the information provided to them in court, not on the history of your relationship to the potential guardian or on the values you wish your children’s guardian to possess. Your child may end up with your wealthy sister in California who you haven’t spoken to in years instead of your spouse’s sibling in your same city where your child can attend the same school and grow up with less money but more love and familiarity.
Perhaps even more disturbing is that your children could even be placed in foster care if there is an ongoing court battle between family members for custody. It is your responsibility to make sure this does not happen, and we recommend you do it in one of two ways: by taking the steps to legally designate a guardian for your children under Texas law.
This is an important example of how not having a plan can turn into a very bad plan, so contact an attorney you trust to draft these documents and protect your children. Would you like help preparing any of these documents? Call to make a complimentary appointment to discuss with your experienced estate planner at Thrash, Carroll & Sanchez Law Group at 512-263-5400 or email for an appointment [email protected].