We can't always plan for the future. It sometimes happens that the unexpected occurs and suddenly you have no home, no income or you are divorced. What would happen to your child if neither parent is able to care for them? How do you find the right guardian for your child in this case?

What is a Legal Guardian?

Before you can properly decide who should be guardian to your child, you should understand what a legal guardian is. A legal guardian is a person, an adult who is granted the legal right by a judge to care for a child in the event their parents are unable to. This could be due to the death of the parents or if they have been deemed unfit or if some reason they can no longer care for their child.

Things to Consider When Picking a Guardian

It isn't easy to decide who will care for your child if you aren't able to, but there are some things to consider that might help you make your decision. For example, who do you know who will parent in a similar style as you do? Do they have the same belief system and core values as you do?

Always take a look around and see who your child is already bonded with. Who do they feel comfortable and safe with? Is that person or couple financially able to care for them long term? You also need to look at the emotional well-being of this person as well as if they are physically able to care for a child.

Flexible Guardianship

It is possible you have more than one guardian in mind, and they are not a couple. You might like for your parents to care for your child, but what if they are older and will eventually no longer be able to do it? In this case, it may be best to decide on a flexible guardianship model.

This means you can legally have your parents or some other chosen guardian care for your child until they are no longer able to. The guardianship will then transfer to your second choice until the child is of legal age to care for themselves.

What if One Parent Dies?

In the case of one of the parent's death, custody is typically granted to the surviving parent. The same is true of adoptive parents. It is advised however to leave in your will who you want to be guardian of your child in the event of your death. A court might rule in favor of someone you don't wish to raise your child otherwise.

For more information, talk to a lawyer like J. Scott Braden.