You have the ability to legally appoint a Guardian for your children through your Will.

 

Guardians will be responsible for raising your children and it is better to appoint one you choose in a legally binding manner rather than leaving that to the Courts.  As soon as a child is born, parents should create or update their Will to appoint a guardian. You may choose to have more than one guardian, but make sure the people you choose will agree on what is best for your child.

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If you divorce, your Will is still valid, so if you have appointed a guardian within it, that appointment still stands. However, if you remarry, your will is revoked so the guardianship you had chosen will no longer be applicable.  If you fail to appoint guardians in your Will and your children are orphaned before they reach 18, the courts will appoint guardians instead.  Of course, they won't necessarily choose the people that you would have preferred to take care of your children. 

 

Most parents prefer to appoint two people (usually a couple) as guardians for their child, however, you can choose up to four people. The more people you choose, the higher the likelihood of conflicts arising with regards to differences in opinion about the child's care.

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Please consult with us about appointing guardians and we will guide you through the things you need to consider.