This article focuses on specifically naming a guardian in your will if you are divorced, but if you are concerned about ensuring that your ex not have access to money left for your children should you die, please read this article.  

I have a lot of clients that tell me they don’t need to make an indication for guardian because they are divorced. Come now! Don’t miss this opportunity to leave an indication for guardian just because you aren’t married anymore!!!!!!! It is true that if you die and your ex out lives you, they’ll have primary priority to be the full-time guardian of those kiddos by sheer parental rights. But, what if they die too? What if they can’t take care of the kids for whatever reason? Does your selection carry any weight in those situations? And the truth is, yes! I believe it does or at the very least it could.

The standard employed for guardianship in Utah will always be what is in the best interests of the child, and once they are 14, they have some say in that as well. BUT the state of Utah also relies on what the parents have indicated in their wills… and the most recent nomination for guardian has the most weight.

So let’s say that you indicated that you wanted your kids to be raised by your sister if you couldn’t. But then you pass away, and your ex gets the kids, and then three years later, he/she dies in some freak accident…and they died without a will…would your will matter? Yes, yes it would. It would be the nomination relied upon in the absence of your ex having made any indication more recently than that.

So, I say, why miss that opportunity? It’s always a good idea to indicate who you’d want to be the guardian of your children.

And with that in mind, go here to read about why it’s important to have a will if you are divorced so that your ex can’t be in control of the money that you leave for your kids!