👨👩👧 Who Will Raise Your Kids If You Can’t?
Why Nominating Guardians for Minor Children Is One of the Most Critical Steps in Estate Planning
By Mike Massey Law, PLLC – Protecting Families Across Texas
If you have minor children, there is one question that must be answered—no matter your net worth, age, or health:
👉 If something happened to you tomorrow… who would raise your kids?
Without clear legal documentation, that decision could fall to a judge who doesn’t know your family, your values, or your wishes.
That’s why nominating guardians for your minor children is one of the most important—and loving—things you can do for your family.
👶 What Is a Guardian Nomination?
A guardian nomination is a legal document where you name the person (or people) you trust to raise your children if both parents are deceased or incapacitated.
You can:
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Nominate a permanent guardian to raise your child long-term
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Designate a temporary guardian who can care for your child immediately until the court formally appoints the permanent guardian
In Texas, this can be done through your Last Will or a standalone Declaration of Guardian for a Minor Child.
🚨 What Happens If You Don’t Choose?
If no legal guardian is named, a Texas judge will decide—without your input.
✅ Best-case: The court picks a close relative who aligns with your values.
❌ Worst-case: Your child ends up with someone you never would have chosen—or even placed in foster care temporarily while the court figures it out.
And if family members disagree or fight over custody, your child could be stuck in limbo.
🛡️ Why It’s So Important (Even If You’re Young)
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Accidents happen. Even young, healthy parents need a backup plan.
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Avoids family conflict. A clear plan reduces the chance of disputes between relatives.
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Protects your child’s emotional and spiritual wellbeing. You get to choose someone who shares your values, faith, and parenting style.
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Gives you peace of mind. Knowing your child will be in good hands if something happens is priceless.
📝 What Should Your Guardian Nomination Include?
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Full name and contact info of your chosen guardian(s)
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Backup guardians
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You can even list your preferences for education, faith, lifestyle, or parenting approach
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You can even add a note expressing your desire to avoid foster care or CPS involvement
💡 You can even explain your reasoning in a private letter to help guide the court.
📅 Ready to Nominate a Guardian?
At Mike Massey Law, we walk you through the process step by step. We’ll help you create:
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A legally valid guardian nomination
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A temporary guardian clause if desired, especially if your guardians are not located in the United States.
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An integrated estate plan to protect your child’s financial future, too
📞 Book your free planning call here:
👉 https://mytxwills.com/book-a-meeting/
📜 Disclaimer
The information provided in this blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship with Mike Massey Law, PLLC. Please consult with a licensed attorney for personalized legal guidance.
