Parenting

Thursday, November 26, 2009

Who gets your kids if you and your spouse both die?

Michael Jackson's death has me thinking I should hurry up and name a legal guardian for my daughter just in case both me and my husband die. According to news reports, Michael Jackson's mom has legal custody of his three children; if she dies, then Diana Ross will take custody of Jackson's kids.

My husband and I will be the guardians of my sister's three kids in case something should happen to her and her husband. We will also be the guardians of my brother-in-law's daughter if he and his wife should die.

It's pretty heavy stuff.

I know we should name a guardian for our daughter and that we should definitely put it in writing so there are no questions as to who "gets" her, but thinking about dying and our baby living without us is too depressing.

We've talked about it a little, but we've found it hard to come up with a choice we both feel comfortable with.

Have you named a legal guardian for your baby in the event of your death? How did you make the decision? What kinds of things did you consider?

Written by Suzanne Murray for CafeMom's Baby Buzz

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Comments 11-20 of 25
  • Ashley's Avatar
    Posted by Ashley Wed Jul 8, 2009 8:51pm PDT

    we decided upon our kids godparents. they don't have children but would welcome ours in a heartbeat. the grandparents were out because one set has an alcoholic and the other set is too old to be able to handle them. we did stipulate that the grandparents could have as much contact as they want and the godparents have agreed to that should something happen. on and we're both only childs so they don't have aunts or uncles to go to.

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  • bookluva's Avatar
    Posted by bookluva Wed Jul 8, 2009 10:54pm PDT

    Isn't that one of the traditional god parent duties? (for those that went with that route).....If my parents were to die, my siblings and I would end up with the stabler of our two uncles, and my aunt and cousins. The cousins would end up with us if their parents were to pass. there are eight of us, so yeah.

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  • C's Avatar
    Posted by C Thu Jul 9, 2009 5:38am PDT

    Bookluva - in some religions it may be the case, but I don't believe that it gives the "godparents" any legal standing over anyone else.

    This is something that we definitely need to do though...

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  • DixieDarlin's Avatar
    Posted by DixieDarlin Thu Jul 9, 2009 5:49am PDT

    This is such an important thing to take care of while you can. We have guardians named, life insurance in place, and funeral planned so if the unthinkable happens those things will be taken care of and the survivors can greive without the hassle of those details.

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  • KAPITANA's Avatar
    Posted by KAPITANA Thu Jul 9, 2009 5:59am PDT

    Its hard to decide this kind of situation...I wish I could have everlasting life so I can be around till my children perish in tihs world..but I have to select my sister cause shes very like a mother to all my nieces and nephews..so I can see that she will act as a good mother to my children if ever be.

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  • MS's Avatar
    Posted by MS Thu Jul 9, 2009 7:10am PDT

    We unfortunately were forced to face these tough questions. My husband's reserve unit deployed in 2006. Up until then, neither one of us had a will. We'd been putting it off because we just didn't want to think about those kinds of things. His deployment thankfully got our heads out of our butts on this issue. We both had our wills made, designating my brother as our daughter's legal guardian should anything happen to the both of us. I know these questions are tough to face, but you don't want to leave your kids in the middle of what could be a huge battle. The last thing kids need to deal with after losing their parents are their loved ones fighting amongst themselves. To anyone who doesn't have a will I urge you to make one, immediately. You prepare for all other aspects of your children's future, do you not? You also need to prepare for their futures without you there, just in case.

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  • annie's Avatar
    Posted by annie Thu Jul 9, 2009 7:31am PDT

    If something happened to my husband and myself my brother would take my girls. My one sister and her husband are always having money and car issues and can't seem to take care of themselves and the other is too caught up in work and isn't married. She is good with money, but I just can't see her with children. My husband brother is a good guy, but he is always job hopping and in trouble. His sister would be a good second choice. Like a lot of people were saying this is just something that every parent has to make a decision on. It may not be easy, but it has to be done in case of the unthinkable.

    When we chose, we looked at who could provide for them the best, regardless of the life insurance. Some of the questions we asked ourselves were: Who is good with their finances, who gives their family their time, who are good parents, are they going to stay together, could they handle all four of our kids and theirs? Plus they would get our house so they wouldn't have to deal with finding a bigger home.

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  • Lady Darkie's Avatar
    Posted by Lady Darkie Thu Jul 9, 2009 8:02am PDT

    who gets your daughter if both parents die? Definately the relative that was closest to the child and care about her irrespective of cash incentives. So Rowie should hide herself in a barrel and don't disturb the children she sold for money. What mother will accept money in exchange for her parental right? She needs to rot in hell. MJ's mother has innate love for her grandchildren and should have their custody.

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  • Lauren's Avatar
    Posted by Lauren Thu Jul 9, 2009 10:54am PDT

    my husband and i have a 19 month old. We dont have a will together... in fact my hasband had one from joining the military but i have none at all. And his was from before we meet let alone had a child. If something where to happen before we made one who get our daughter? My mom is the cloestest to her... babysitting her every weekday and taking her a lot on the weekends as well... and my mother in law lives far away but still deeply cares about her. but i know for a fact i would want MY mother haveng MY daughter, she is younger and closer to her... would any of that really matter thought? I mean my in laws definitly have the most money....

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  • Corey's Avatar
    Posted by Corey Thu Jul 9, 2009 11:27am PDT

    that's a tough one for me. I have two children and am not married but am with their father. His parents are in horrible physical shape, my mom is deceased and my dad and stepmom didn't do such a bang up job with the three they raised..I'm struggling with this myself.

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