When dealing with family law, especially concerning children, the process can feel overwhelming. It’s essential not only to address immediate issues arising from divorce and separation but also to plan for your children’s long-term well-being. Estate planning and creating a will are critical in this context, particularly regarding child custody.
The Critical Role of Estate Planning in Child Custody
During a divorce, focusing on immediate life changes is common, but overlooking long-term planning can impact your children’s future. If you have children, prioritizing their future through estate planning, including drafting a will, is essential.
Selecting a Guardian in Your Will
If you want to recommend a specific guardian for your children in your will, it’s important to know that the court might not always honor this request, especially if the other parent is still alive. For example, if a mother nominates her mother as the guardian, this choice does not overrule the father’s parental rights. However, expressing your guardian preference in a will can influence the court’s decision, along with other factors, in case of one parent’s passing.
Ensuring Your Children’s Financial Well-being
You can use your will to safeguard your child’s financial future post-divorce. Through your will, you can specify how your assets should support your child, like setting up an education trust. To avoid having your former spouse manage these funds, you can appoint another individual to handle and distribute these assets. Keep in mind, life insurance policies specified during child custody agreements usually pass outside the will, and courts often designate the other parent as the beneficiary.
Choose Johnson/Turner for Guidance
At Johnson/Turner, we specialize in the complex interplay of estate planning, wills, and child custody. Our experienced team guides parents through these intricate legal matters, ensuring your children’s future remains secure and your wishes are honored.
For tailored advice and to discuss your options, reach out to us at (320) 299-4249 or visit our contact page. Let our experts help you plan effectively for your children’s future.
