Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

2 Bumps

How do you go about getting a legal guardian for your child if something happens to my husband and I?

Would I have to talk to a lawyer or something? Does anyone know anything about this? Does it cost a lot? And if I don't have a legal guardian for my son who would he go to? (I have a sister and his grandparents in the area but we do NOT want his grandparents to ever raise him)

Answer Question

Asked by Anonymous at 3:44 PM on May. 7, 2011 in General Parenting

Answers (8)
  • I think it should be included in your will. Prices for drawing up a will vary greatly, but if you shop around, you can probably find a lawyer who is reasonable. You can write your own and have it signed by a notary. I'm told those will stand up just as well as the legally prepared ones.

    Answer by NannyB. at 3:51 PM on May. 7, 2011

  • make sure you name someone legal guardian because once youre gone, your grandparents could fight for him and they might get him in theyre in the area.

    Answer by ElsaSalsaaa at 3:59 PM on May. 7, 2011

  • his** grandparents . whoops. typo

    Answer by ElsaSalsaaa at 4:00 PM on May. 7, 2011

  • We have a will. I have one for me, my husband has one for himself. In both our wills we address custody of the children. If he dies I get them, if I die he gets them, if we both die my husbands cousin and his wife gets them. We didnt want our parents arguing over who raises them. We feel my parents are not well suited to raise children. And my inlaws have alot of medical issues.

    Answer by gemgem at 4:04 PM on May. 7, 2011

  • I feel having an emergency plan is a good choice

    Answer by rinamomof2 at 4:13 PM on May. 7, 2011

  • I was told to make a Written Will so tht everything is laid out. Nobody can't really fight a Will cuz you & husband has made the final choice of who has your children.

    Answer by Williams4 at 4:31 PM on May. 7, 2011

  • typically you include it when you write up the will. you have who you want as guardian to sign a form and have it notarized that they agree and the will has your signatures and notarization as well. You can print up the will on your own... look up forms online and print them out or type it out based on the layout examples. But be sure to sign and date infront of either a lawyer or someone who can notarize it, and make sure the guardian you choose is present. In NY state I believe you also need to other witnesses that aren't listed in the will to be present (when you seek a lawyer they act as witness so this is why it's not needed if a lawyer draws it up for you).

    Answer by xxhazeldovexx at 4:37 PM on May. 7, 2011

  • You should set up a will and a trust and designate an individual and even a secondary individual if the first is not willing or able to do so ... of course, you should discuss it with them first. We did our estate planning a few years back and it was NOT necessary to have our designated guardian sign any type of documentation; the laws may differ state by state re: this.

    Answer by Anonymous at 5:36 PM on May. 7, 2011

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.