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Can I write a letter expressing guardianship wishes for my child?

Absolutely not! In fact, even thinking along those lines places you inside a little-known parenting danger zone. That zone has to do with believing in myth instead of reality. There are many legal myths associated with children and family law. However, since you asked specifically about guardianship, this post will address a few common concerns.

Many parents do not want to talk or think about a situation in which they may not be there for their children. Unfortunately, it is a reality that illness or death can limit your ability to care for your kids. A minor guardianship is a wonderful solution and once completed, it can give you peace of mind.

Regarding your specific question, a simple letter is not enough to assign a guardian for your children. It is not a legally binding contract, which means that a judge could choose to ignore your wishes. A much better option is to have a family law attorney help you draw up legal documents containing your wishes that will hold up in any Oklahoma court.

You would also be wise not to assume that a family member can automatically step in to care for your child if you cannot. Remember, a judge will have the final say in the matter if you have not left guardianship directives. This means that even if your family does come forward, the judge could still choose a different option.

Finally, it is not a good idea to choose a guardian for your child without discussing it with your candidate first. Again, a family law attorney can help you review a list of willing candidates and then advise you about which one, or more than one, might be the best choice.

Source: Huffington Post, "4 Dangerous Myths About Choosing a Guardian," Jacoba Urist, accessed April 07, 2017

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