The birth of a child comes with much excitement and joy, but it can also come with fear and uncertainty. You want to watch your child grow and give them a bright future, which you and your spouse can provide unless something unexpected happens.
When one parent dies, the custody of the child will automatically go to the surviving parent. If both parents die, the New Jersey courts will appoint a guardian for your minor child. The court-ordered appointment does not guarantee that the guardian will be the person you want to care for your child. Fortunately, you can predesignate a guardian of your choosing for your minor child and name them in your last will and testament.
Nominating a guardian for your child
The guardianship of your child should fall into the hands of someone you trust will act on behalf of your child’s best interests. Here are some significant considerations to remember when assigning a legal guardian for your minor child:
- Both parents should name the same guardian in their wills.
- You should also name a secondary guardian if your first choice cannot fulfill or refuses the responsibility.
- If you have more than one child, specify each minor child in your will when assigning guardianship.
- Indicate whether you want your children to live in the same residence.
- You have the option to name co-guardians in your will.
- You can give guardianship to a couple instead of only one person.
- You can include financial planning in your estate plan and a professional fiduciary to help the guardian support your child.
Let your guardian(s) know that you chose them and why. The guardianship of a minor child is a huge responsibility, and the guardian should be willing to accept the role.
Choosing a legal guardian for your minor child
Your child will depend wholly on the legal guardian you choose. The guardian assumes your role as the child’s parent. Therefore, you should make sure the guardian shares the same principles and priorities as you do. They should be able to provide your child with a happy home, stability and security.