Most parents assume that if something happens to them, the other parent will naturally step in and life will continue with as little disruption as possible.
Often, that’s true. But not always.
Families are complex. Relationships evolve. Custody arrangements may already be strained or unclear. When a sudden loss occurs in the middle of those realities, children can find themselves in a period of legal and emotional uncertainty—while courts and loved ones work to determine what happens next.
A recent case, Sartor v. Johnson, offers a meaningful reminder: even when the law provides a general framework, the outcome is not always immediate or predictable.
When a Parent Dies, the Answer Isn't Always Obvious
In this case, a father had sole custody of his child after years of court involvement. The child’s mother had limited, supervised contact due to documented concerns. After the father’s death, the mother sought full custody.
While the law often presumes that a surviving parent will assume custody, courts must ultimately decide what serves the child’s best interests. After reviewing the evidence and testimony, the court awarded custody to other family members.
This decision underscores an important truth: legal presumptions are only a starting point. Without clear documentation and planning, outcomes can remain uncertain—and may require lengthy court involvement to resolve.
The Critical Gap: The First Hours and Days After an Emergency
Beyond long-term custody, this case highlights a more immediate and often overlooked issue: who can step in right away?
If a parent becomes suddenly unavailable—due to illness, injury, or death—there can be a gap before any legal authority is formally granted. During that time, even the most trusted family member may not be able to:
- Authorize medical care
- Access medical information
- Make educational decisions
- Handle day-to-day needs
In some situations, children may temporarily enter the care of child protective services simply because no one has the legal authority to act.
A will, while essential, does not solve this problem. It typically takes effect only after a court process, which can take weeks or longer.
Planning For Immediate Protection
A Kids Protection Plan is a comprehensive plan specifically designed to address the immediate, real-world situations that arise when a parent becomes unavailable. It goes well beyond naming a guardian in a will.
With a Kids Protection Plan, you can:
- Name both short-term and long-term guardians for your children
- Give trusted caregivers immediate legal authority to act, without waiting for a court
- Prevent your child from being placed with strangers or anyone you wouldn't choose
- Ensure medical care and daily needs can be handled without delay
The bottom line: A will names a guardian for the future. A Kids Protection Plan protects your child right now, in the first hours of an emergency, before any court gets involved. This ensures as much stability for your child as possible, preventing them from being taken into the care of strangers.
But the Michigan case also highlights one more element of this plan that is equally important.
What if the Other Parent is the Person You’re Worried About?
The deceased father in this case had spent years documenting concerns about the mother through court proceedings. That evidence ultimately helped persuade the court that placing the child with relatives was in the child's best interests.
Most parents aren't that fortunate. Most parents haven't spent years in litigation creating a documented record. And without that record, a court may have very little to work with when deciding who should raise your child.
A confidential guardian exclusion affidavit, included as part of a Kids Protection Plan, allows you to put your concerns in writing now, while you are here to explain them. This document is not public. It stays private with your planning documents and only becomes relevant if a court must determine who should care for your child.
In it, you can explain:
- Why certain individuals should not serve as guardians
- The history and context that a judge would need to understand
- Any specific concerns or evidence that supports your position
Without something like this, your perspective simply isn't part of the record. If you have concerns about who might seek custody of your child, the time to document them is now, not after a crisis makes it too late.
Why the Right Plan Protects More Than You Think
The Michigan case is a powerful reminder that legal assumptions don't always align with reality. Even when the law leans a certain direction, courts still have to evaluate what actually serves a child's best interests, and that process can take time, involve competing voices, and produce real uncertainty.
Without planning, families face:
- Legal battles among relatives who all care but disagree
- Delays of days or weeks in getting medical care or handling basic needs
- Confusion about who has the authority to act
- A child navigating an already-difficult loss while adults sort out the logistics
With the right plan in place, those risks shrink dramatically. Your child's care follows your wishes. Trusted caregivers can act immediately. And the people you would not choose are clearly excluded.
What You Can Do Right Now
Estate planning is not just about distributing assets—it’s about ensuring your child is supported, protected, and cared for without interruption.
Taking time now to put the right safeguards in place can make a meaningful difference later, particularly in those first critical moments when clarity matters most.
If you’ve been meaning to revisit your plan—or start one—it may be worth asking: Would my child be fully protected, immediately, if something unexpected happened today?
Schedule a 15-minute discovery call, and let's find out where you stand.
This article is a service of Gookin Law, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own, separate from this educational material.