Kentucky Bankruptcy Law

Counsel with Care

Provide your child with a Guardian:

If you are a parent, you have thought about what would happen to you child should he or she be left parentless. For many single parents, they are skeptical of the other parent’s ability to care for your child in the way you hope. What you want is a standby guardian. The good news is that in Kentucky, you can nominate the person you wish to be your child’s guardian, in the event of your death, through a clause in your will. While this is not binding in the sense that the court has to honor your nomination, they nearly always do honor it absent some clear reason the person you named would not be in the child’s best interest.

The bad news, if the other’s parenting ability is questionable, is that this nomination has no effect if the other parent remains alive and wishes to assume care, custody and control of his or her child. Unless that parent seriously endangers their wellbeing, they will have custody. The best hope here is to try and talk with the other parent and come to an agreement about the guardian for your child should you pass away first. At the very least, try to reach an agreement, and have it reflected in each parent’s will, who the guardian will be should you both predecease the child.

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April 29, 2007 - Posted by | Estate Planning, Family Law

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