Legal Question in Family Law in Michigan

Guardianship or Custody or what?

Good day! My wife and I have a 17-month-old daughter that we want to �protect� in case we are both killed. My wife�s parents baby-sit our daughter 3-5 days a week, and we spend a lot of time together on the weekends, etc. We have discussed with them what we would like to happen in the sudden death of the two us. They agreed that they would want to take custody of our daughter and raise her. We have established life insurance policies that would take care of our debts and the needs of our daughter. There are no relatives that would contest our choice; however, we want to make sure we take the necessary steps to make our wishes legally binding. So with that said, when I go to an attorney, what should I be asking them to do for us? Are we trying to appoint guardianship? Custody? I just want to make sure I�m clear when I contact the attorney. We live in Saginaw County (Michigan).

Thank you very much!


Asked on 11/21/06, 9:27 am

3 Answers from Attorneys
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Guardianship or Custody or what?

You would be expressing your wishes for guardianship of your children. This is generally put in your will, but is not binding. As you, your in-laws, and your children grow older, you may want to amend your will.

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Answered on 11/22/06, 10:19 am

Re: Guardianship or Custody or what?

You should give the attorney the very same explanation that you wrote on this LawGuru posting. An experienced family law attorney will understand what to do. If you don't know an attorney, try Sally Miller in Lapeer.

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Answered on 11/21/06, 10:43 am
William Stern William Stern, P.C.

Re: Guardianship or Custody or what?

Don't waste your money doing anything fancy as it is not binding anyway on any court. Courts can do what they want to do what is in the best interests of the child. For example, if you did what you want and fifteen years down the road, your in-laws are old and sick, a court could determine that someone else should have guardianship of your child. All I would do, is make a simple will, express your wishes. Then, have someone swear both you and your wife to tell the truth on a video tape and make a tape explaining your wishes and your reasons. However, since it is a longtime until your child turns 18, I would have an alternate and establish a trust to take care of the financial end of things. William S. Stern

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Answered on 11/21/06, 12:03 pm


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