Divorce can change many things, including your will. For this reason, it is best to create a new will after your divorce. When you create your new will, it is important to go to a lawyer who is experienced in creating will for people who are divorced. This is because any mistakes in your will could create problems and may mean costly court battles for those who are left behind.
In some situations, it may be necessary to name a guardian for your children in the event of your death. You can name a guardian even if your ex spouse is still alive. While it is not necessary to name a guardian of your children, it may be necessary in some circumstances. For example, if your ex has a problem with drugs or alcohol, or simply can not care for your children, you may need to name a guardian.
It is often assumed that in the event of a death, the surviving parent would get custody of the minor children. This is not always the case. Of course, laws vary depending upon where you live. Depending upon where you live, it may be necessary for a court to decide where your children will live upon your death. This is why it is so important for your will to be properly done by an experienced lawyer.
In such cases, the court will consider several factors before awarding custody of the minor children. These factors include, but are not limited to:
- The wishes of the children. This is especially true if they are teens. The court will want to know who they want to live with and why they want to live with that person.
- Who is best able to meet the needs of the children. The court will consider the person you have named as a guardian as well as your ex-spouse for this determination. The court may consider things like salary as well as the size of the house and other factors. If your ex spouse travels frequently and is out of town for his job, the court may look more favorably upon a guardian who has a 9 to 5 job locally.
- Stability is very important. If your ex is constantly losing jobs because of various issues, the court may not look favorably upon that. On the other hand, if the guardian you have named has been working the same job for many years, this will be taken into account. The court may also have issues with someone who moves constantly too. Usually, the courts view stability as a very important factor in deciding custody.
- The children’s relationship with the guardian. If the children are very close to the guardian, this is very important. If you choose a guardian that the children do not know well, the court may view that very negatively. In such a case, it may seem that you are vindictive and trying to deny your ex custody for personal reasons.
It can be very difficult and costly to prove to the court that the other parent is unfit to have custody of his or her own children. However, there are other reasons why you may want to name a guardian for your children in your will. For example, you and your ex spouse may pass away before your children become legal adults. In this respect, naming a guardian for your children can provide some peace of mind for you.