Guardianship When Parents are Divorced

Disabled Adults or Minor Guardianship Power of Attorney | New Jersey

Guardianship serves as a vital support system for minors or disabled adults requiring assistance. Yet, complications arise swiftly when divorced biological parents are involved.

Recognizing the intricacies of such scenarios, the experienced and skilled attorneys at The Law Office of Howard B. Tat in Wallington, New Jersey understand how complicated this situation can be and are here to help. Call the office or contact us today to schedule a consultation of your case today.

How Does Divorce Impact Guardianship?

When parents separate, determining guardianship becomes paramount, especially if the dissolution involves minors or disabled adults requiring care.

In many cases, custody arrangements established during divorce proceedings intersect with guardianship, as courts evaluate the best interests of the child or incapacitated adult.

Factors such as stability in the home, primary caregiving roles, parental fitness, and the presence of any abuse or neglect can influence guardianship decisions post-divorce. The outcome may vary based on the unique circumstances of each case, highlighting the need for expert legal guidance to navigate the complexities effectively.

Guardianship Is Not the Same as Custody:

When two parents undergo divorce proceedings, they must establish a child custody agreement. In jurisdictions like New Jersey, custody determinations prioritize the child’s best interests.

A judge evaluates various factors to determine the most suitable custody arrangement, including stability in the home, primary caretaker status, childcare arrangements, mental and physical health of the parents or guardians, substance use, presence of spousal abuse, neglect, abandonment, interference with visitation rights, financial circumstances, and educational opportunities for the child.

When Divorced Parents Can’t Agree on Legal Guardians

When divorced parents can’t see eye to eye on who should serve as legal guardians for their children in case of unforeseen circumstances, the situation can feel daunting. Typically, if one parent passes away and the other is alive and shares custody, the surviving parent will assume responsibility for the children unless compelling reasons suggest otherwise.

These reasons could include concerns about the living parent’s fitness to care for the child, such as a history of substance abuse, criminal behavior, or abuse. In such cases, presenting a strong case to the court becomes crucial to support your guardianship nominations.

However, even if these circumstances seem unlikely, it’s prudent to designate guardians in your estate planning documents. This ensures that your wishes for your children’s care are known and considered, particularly if your ex-spouse also passes away before your children come of age.

Additionally, having an emergency plan in place while your children are under your care is essential, offering peace of mind amid uncertain circumstances. For single parents with concerns not just about guardianship but also about asset management for their children, consulting with an estate lawyer can provide invaluable guidance in securing their children’s future welfare and financial stability.

Helping Parents & Children Succeed:

At The Law Office of Howard B. Tat, we are committed to assisting parents and children in navigating the complexities of guardianship and divorce. Our skilled attorneys provide personalized guidance and advocacy to help families achieve positive outcomes. If you’re facing guardianship issues amidst divorce proceedings, don’t hesitate to reach out for expert legal assistance.