By Ana Ballesteros, W M Law Paralegal
With summer vacations starting, many of us are starting to plan or getting ready to leave for a family vacation. Whether the vacation is going to visit family or out to a different destination it is important to plan for the worst case scenario. What would happen to our dependents if something were to happen to us?
We do not like to think of such things but it is never wrong to prepare for the worst. Normally, the Judge looks for an immediate family member such as the grandparents or an aunt or uncle, whoever is willing and able to take care of the children. But what if the parents want someone else to take care of the kids? What if the parents do not trust crazy uncle Joe or fear that grandma and grandpa are too old to care for the kids?
There is only so much we can prepare for. As parents, we can write a request for the Judge to assign a Guardian for our children. The Judge will review the request which will impact the decision as to who will care for the children. There are many factors that go into the decision of guardianship. The Judge considers the age of the caretaker, the ability to provide for the children, the relationship to the children; and if the children are of a certain age, their thoughts on where they would like to be placed.
The request will not ensure that children will go to the designated Guardian but at least it will let the Judge know you have thought about it who you think is best qualified to care for your children or other dependents. Whenever you are thinking about who you absolutely trust to take care of your dependents, remember to speak with them to see how they feel about taking care of your children. It is a great responsibility not only to protect them and prepare them for them for their future but also from a financial position. If you have any questions, speak with an attorney about your options.