What to Consider When Nominating a Guardian

As we told you in our previous post on guardianship,  your elected guardian is a recommendation to a judge stating who you want to care for your child when/if you are unable to do so. 

Sometimes we meet with clients who do not have anyone who lives nearby, or they do not feel they have anyone in their network who is qualified (emotionally, financially, physically) to care for their child/children. If you fall into one of those categories, who else should you think about? 

We suggest that you think about your relatives, friends, and colleagues who share your values. We have found that this is the most important part of selecting a guardian. 

Values can include: 

• Judgment and discretion that generally aligns with your parenting

• Religion/Culture 

• Education 

• Activities that you want your child to participate in/not participate in (e.g. sports, music) 

• Comfort/ability to visit relatives and/or accept visiting relatives 

• Ability or desire to travel for vacation

You can nominate a guardian for your minor child, and your nomination holds a lot of weight. Ultimately, though, a judge needs to sign off on the nomination. And that judge will be concerned with one thing: the best interest of the child who needs a guardian. 

Judges don’t want to uproot a child who is otherwise thriving. Or send a child into a circumstance that will make the child more unstable than maintaining the status quo. However, judges are also typically reticent to send children overseas, especially if the child is a US citizen. By sending someone overseas, the court may lose jurisdiction (i.e. say over the matter). 

Having a judge oversee guardianship provides a level of protection and care for your child. If you nominated someone whose circumstances have changed drastically, you have peace of mind that your child will be placed in the best place for him or her. 

It can feel overwhelming to try to come up with a list of people who you would trust to care for your child. We can help talk this through with you so you can make the best decision for you and your family.