Ideally, you should talk to your child’s other parent about the importance of naming guardians, and if possible, attempt to come to an agreement about who should raise your child if something happens to both of you. But what if you don’t feel your child’s other parent is fit to raise your child? The fact is, the child’s other parent will usually have first opportunity to be the child’s guardian if you are gone. Typically, the courts will only deprive a parent of his or her parental rights in extreme situations. However, if you have concerns about that other parent’s ability to do that, then consider writing a detailed letter explaining why you feel that the other parent is unfit to raise your child. At least your concerns will be raised to the judge who will make the final decision of selecting a guardian for your child. Bottom line, name who you want to have as guardian for your child, even if it’s not the other parent.
Will Your North Carolina Estate Plan Protect Your Children When They Need It Most?
As a parent, your children's safety and future are your biggest concerns. But have you done everything you can to protect them if something unexpected happens? Speak with our experienced North Carolina estate planning lawyers to help ensure your children are financially protected. Contact us online to schedule your consultation or you can call our Cary office directly at 919.891.8290. We serve clients throughout North Carolina including Cary, Apex, Clayton, Durham, Holly Springs, Morrisville and Raleigh. We look forward to helping you!
Attorney, Author, and Founder of Carolina Family Estate Planning