Legal Guardianship

One thing that scares parent's to death is what would happen to their children if some unfortunate incident were to befall the parents. If for some reason you or the child's other guardian cannot raise the child, the child will have to go into the legal system if you are not prepared for this happening. Simply arranging for a guardian in a will can ensure your children will be raised by someone you choose. This is similar to the godfather idea of the Catholic church. To keep your mind at ease, make sure you name a guardian and alternate guardian for each of your children.

You can name one person or two people together as co-guardians. This is normally only recommended if the people in question are a stable couple. There are of course other important things to consider when naming a guardian. Make sure the prospective parent is old enough and already cares for the child's welfare. The guardian should be have the time and energy to do the job. A good indicator is if the guardians already have children and have the financial ability to raise more. Of course further down the line it may be important to you that the child's guardian has similar beliefs and lives nearby.

Of course talk to the person you are considering. A Denver divorce or family law lawyer is a good person to consult with on matters concerning guardianship. It would be a good idea to guage prospective parent's feelings regarding taking over guardianship.

Most parents name a single guardian for all the children to allow them to stay together. However you may choose separate guardians. If the children are from different marriages or bonded with different people outside the family, this form of adjudication by a Denver family lawyer may be preferred. The person you choose to be the child's surrogate parent does not have to be the same as the person who will handle their financial affairs. You can appoint a stockbroker or whomever to control that aspect of the child's life.

Make sure you and your spouse have the same people mentioned in your wills or dying my cause a court battle. You may have to write a letter of explanation to a judge to back up some guardianship decisions. The court will not grant guardianship to someone other than your spouse unless your spouse is clearly unfit to raise a child. If the child's other parent is a same-sex partner, it may also be a good time to write a letter to the court explaining the situation.