Do your kids have legal guardians?

I saw a reel about this and it was talking about in an event something was to happen to both parents you would want the children to have a trusted guardian so they don’t end up in foster care. Is this true? How does this work? How do you legally do this? Did you do it??

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COMMENT (13)

Ja

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You can specify in a will who you’d like your childrens guardian to beThey likely won’t end up in foster care if you don’t and you have family members that would take them though

Ad

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We do, and she is fully aware that they are the “godparents” and my child is aware of who they are. In my case they are my family members.

Un

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Yes, it is in my husband's and I's will that our children will go to my sister if anything happened to us. But on another note, usually if you don't have anything set up, the state usually will reach out to family members first. But I definitely don't want mine going to any other family member lol

Je

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We have it set in our will who would be legally responsible for our children if we both died, yes. That is a very standard thing to do. However, kids are very unlikely to end up in foster care in that situation unless there absolutely is no family who will take them.

AS

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Yes. You need to sit with a lawyer and draw all necessary paperwork. If you have more children in the future you will need to “edit” pay a fee to add them on

AS

ASW • Feb 24, 2023
While you’re at it you can do living will, trust and guardianship to cover all basis

Me

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We are in the process of legalizing our will and establishing a trust. It terrifies me (to the point that I don’t sleep) knowing that we don’t have this yet documented the way a court requires to ensure our children are cared for and loved. My daughter tells me she misses me when I’m across the room. I cannot leave her without a plan.

Av

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In our wills, yes.

Ta

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Yes for my baby my SO and I will have it set that our closest Friends will have guardianship should something happen to the two of us before our little baby reaches the age of 18 (I do not want my or his to have my child(ren) for more than like a over night once in a while and my friends will do right by us and our kids)

Ti

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So we originally planned for our close friends who were husband and wife to be Godparents. People apart of a church congregation can fill out forms and have it done. I never ended up doing it due to them getting a divorce. My inlaws would end up being the caretakers if we passed due to the fact that we live together.

Ti

Ti • Feb 24, 2023
Didn't know this but never did it anyway lol

Me

Me • Feb 24, 2023
Having godparents and naming legal guardians are not the same. A form filled out at church is not what a court of law needs to name guardianship.

Ja

Ja • Feb 24, 2023
Being a godparent is not a legal way to give someone guardianship if you pass away. The courts would not recognize that.