Becoming a parent changes how you look at the world. From the moment your child is born, you are responsible for their well-being, safety, and future. Naturally, you want to ensure your child will be cared for if something happened to you.
One of the most important steps you can take is naming a guardian for your child in your estate plan. In North Carolina, parents have the ability to designate who they would want to care for their child if they were no longer able to. However, there is an important legal caveat to be aware of.
The Default Guardian: What the Law Says
In North Carolina, a parent can nominate a guardian for their child in a will or other legal document. While courts typically honor these requests, they will only take effect if neither biological or adoptive parent is available or fit to care for the child.
This means that if one parent passes away or becomes unable to care for the child, the other parent automatically becomes the child’s guardian—unless they are found to be legally unfit due to issues such as abuse, neglect, or incapacity.
If both parents are unavailable, the court will look at the guardian you named and take that preference into account when making a final decision; however, such a designation is not guaranteed.
Why Naming a Guardian Still Matters
Even though a surviving parent will generally retain custody, naming a guardian is still an important step in your estate plan. If both parents were to pass away or become unable to care for the child, having a named guardian can provide clarity and guidance for the court. Without a clear nomination, the decision of who will care for your child could be left to the courts, which may not align with your wishes.
Additionally, you can use your estate plan to ensure that your child’s financial future is protected. Establishing a trust and naming a trusted person to manage assets on your child’s behalf can help provide for their needs until they reach adulthood.
Taking Action
If you have not already named a guardian for your child, now is the time to do so. An experienced attorney can help you create a plan that ensures your child is cared for by the right person and that their financial needs are met. Planning for the unexpected is not always easy, but it is one of the best things you can do to protect your child’s future.
If you or somebody you know is in need of making arrangements for their children in their estate plan, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina and South Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
