It is so important to designate in writing exactly who you want to care for your children if something happens to you. If you don't do this, your children could be raised by someone you would never choose.
Maybe you know who you would want to raise your kids and they agreed. Maybe you've even told your family and friends, but haven't documented it. This is a recipe for disaster.
Not too long ago, there was a case in Newport Beach in which the parents of two children, ages 5 and 7, went out to dinner and a movie and left their kids with a babysitter. In a sad twist of events, the parents were struck by a drunk driver that came across the median and were instantly killed.
When the police discovered where they lived by looking in the husband's wallet for his identification, they saw pictures of small children, so they drove to their home. The police discovered the babysitter waiting up for the parents and the children fast asleep in bed.
The police asked the sitter for a phone number of a relative or close friend and she could not produce either. Because the police did not know who to contact to give temporary custody of the children, the kids were taken into Child Protective Services for the evening until it could be determined where to place them.
When the husband's sister discovered that her brother and sister-in-law had been killed in the accident, she immediately tried to obtain custody of the children. However, there were other family members who also wanted custody.
She knew that her brother and sister-in-law wanted her to raise the children if anything were to happen to them, but there was no documentation to that effect. Further, there was no estate plan in place to finance the care and raising of their children.
The deceased parents' estate went through a long expensive probate and the aunt racked up thousands of dollars in legal fees fighting for permanent custody of the kids. When all was said and done, she got permanent custody, but was nearly bankrupt.
This tragedy could have easily been avoided. The parents could have designated in writing exactly who they wanted to care for their children and how they wanted decisions made.
It's important that this be designated properly. A lot of times, people say things like, “I want my brother, Tom, and sister-in-law, Jane.”
But the real questions are “Do you really want both Tom and Jane as your designated guardians? What if Tom died or Tom and Jane divorced? Do you really want Jane as a legal guardian or do you really just want Tom to be their guardian?”
So it's important that you designate in writing exactly who you want to care for your children and that you give clarity as to exactly how the right decisions should be made.
For more information, call (760) 918-5811 or visit www.geigerlawoffice.net.
Disclaimer: The information provided in this article is for educational purposes only and doesn't constitute legal advice.
Maybe you know who you would want to raise your kids and they agreed. Maybe you've even told your family and friends, but haven't documented it. This is a recipe for disaster.
Not too long ago, there was a case in Newport Beach in which the parents of two children, ages 5 and 7, went out to dinner and a movie and left their kids with a babysitter. In a sad twist of events, the parents were struck by a drunk driver that came across the median and were instantly killed.
When the police discovered where they lived by looking in the husband's wallet for his identification, they saw pictures of small children, so they drove to their home. The police discovered the babysitter waiting up for the parents and the children fast asleep in bed.
The police asked the sitter for a phone number of a relative or close friend and she could not produce either. Because the police did not know who to contact to give temporary custody of the children, the kids were taken into Child Protective Services for the evening until it could be determined where to place them.
When the husband's sister discovered that her brother and sister-in-law had been killed in the accident, she immediately tried to obtain custody of the children. However, there were other family members who also wanted custody.
She knew that her brother and sister-in-law wanted her to raise the children if anything were to happen to them, but there was no documentation to that effect. Further, there was no estate plan in place to finance the care and raising of their children.
The deceased parents' estate went through a long expensive probate and the aunt racked up thousands of dollars in legal fees fighting for permanent custody of the kids. When all was said and done, she got permanent custody, but was nearly bankrupt.
This tragedy could have easily been avoided. The parents could have designated in writing exactly who they wanted to care for their children and how they wanted decisions made.
It's important that this be designated properly. A lot of times, people say things like, “I want my brother, Tom, and sister-in-law, Jane.”
But the real questions are “Do you really want both Tom and Jane as your designated guardians? What if Tom died or Tom and Jane divorced? Do you really want Jane as a legal guardian or do you really just want Tom to be their guardian?”
So it's important that you designate in writing exactly who you want to care for your children and that you give clarity as to exactly how the right decisions should be made.
For more information, call (760) 918-5811 or visit www.geigerlawoffice.net.
Disclaimer: The information provided in this article is for educational purposes only and doesn't constitute legal advice.