If you are a parent, it is likely that your number one concern is always your children. Your children’s welfare should extend to estate planning as well. Although it can be hard to imagine a situation in which you can no longer care for your children, it is important to have a plan in place to protect your child while you are still capable of doing so. Hopefully, these plans will never need to be acted upon, but it is always better to be safe rather than sorry in the long run. The best way to protect your minor children, regardless of the circumstance, is to give them special consideration within your Estate Plan, especially if you are parents in a same-sex relationship.
Trust & Will, a leader in online estate planning services, knows just how vital it is for same-sex parents to protect their children. Your children are everything to you, and safeguarding their future is of the utmost importance to any loving same-sex parent. Children will always come first, and Trust & Will shares this same sentiment. That is why this article will summarize key considerations you should be aware of in regard to designating legal guardianship for minor children, and the steps you may need to take now if you are parenting children with a same-sex partner.
Keep reading to learn the answers to the following questions regarding guardianship of minor children for same-sex parents:
Is legal adoption the right option for your family?
Why are Nomination of Guardianship documents especially important for same-sex couples?
What is a Nomination of Guardianship document?
How do you create a Nomination of Guardianship document?
Is legal adoption the right option for your family?
If only one parent is the biological parent of your child, or perhaps only one of you has legally adopted your child, you may want to consider legal adoption by the other parent. Without proper legal documents, you will be leaving your child’s guardianship decision to the court to decide. It is also possible that the court’s decision may not be the decision you and your partner wanted for your child. Additionally, it is possible that co-parents from a previous relationship—or relatives, may enter into a custody battle with the remaining parent seeking to establish guardianship of your minor child. It is an unfortunate possibility that you may have family in your life that may try to battle your partner for custody, and this can cause unneeded stress on you, as well as stress and confusion for your child.
By considering having both parents become the adoptive parents of your child, it can ensure that nothing is left up to interpretation, and could stop any unnecessary custody battles from going forth. This will be better in the long run for both your partner and your minor child.
Why are nomination of guardianship documents especially important for same-sex couples?
In the case of same-sex couples, a child is often the biological child - or adoptive child, of just one of the parents. This situation can make it possible for your partner and child to be separated after you pass. Without a legal Nomination of Guardianship determination included in your Estate Plan, the court will have to determine who should gain custody of your child. The court’s decision could decide to send your child to live with a relative rather than with your partner, if there are no legal documents stating your custody preference. A Nomination of Guardianship document can ensure that your minor child will be raised and cared for by the person you most trust with your child’s welfare.
What is a nomination of a guardianship document?
If after a discussion between you and your partner you were able to determine that adoption is not right for you at this time, another excellent option to protect your minor children is by having a Nomination of Guardianship document included within your comprehensive Estate Plan. A Nomination of Guardianship document is a legal document that will allow the official guardian of your minor child to designate an individual/individuals as the legal guardian of your minor child in the event you can no longer perform your parental responsibilities. In this document, you will be able to name your partner as the legal guardian of your child in your absence, ensuring that your child will not be separated from their rightful parent—even if you were to experience an unfortunate circumstance like a debilitating or fatal accident or illness. Having a legal Nomination of Guardianship document can keep the court from having to decide for you what would be best for your child. Your Nomination of Guardianship document will also thwart unwanted custody battle claims from your family.
How do you create a Nomination of Guardianship document?
One of the many advantages of having a Nomination of Guardianship document is that they are not complicated or expensive to create, especially with Trust & Will’s online estate planning services. Although adoption may often be the most foolproof way of protecting your child’s custody arrangement if you can no longer care for your minor child, depending on your circumstances and state laws, it may take longer than you expect to officially have your partner legally adopt your child. Therefore, creating a Nomination of Guardianship document in the meantime, is easier than ever before when you use a trusted online, state-specific estate planning service like Trust & Will. At Trust & Will, you can quickly create your Nomination of Guardianship document on your laptop from the comfort of your living room couch. Whether you plan to have both parents listed as the adoptive parents of your child, or not, a Nomination of Guardianship document can be an excellent protective measure to have in place.
No matter the situation, you want to be prepared to protect your child, even in the event that you are no longer able to take care of them yourself. By creating a comprehensive Estate Plan with your child in mind, you can ensure that they will be taken care of no matter what. With Trust & Will’s online estate planning services, creating your Nomination of Guardianship document has been made simple. If you are unsure where to start, you can chat with a live member support representative on our site.
Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.
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