Mom? Divorced? Unmarried? If any of those apply, this is for you.


If you have a kiddo under the age of 18, you have a minor. If you’re divorced or unmarried, you could face issues when appointing a guardian.

There is the “Guardian of the Person” and “Guardian of the Estate”- sometimes it’s the same person, others its not.

So what’s a mama to do? Let’s walk through this.

Guardian of the Person

Guardian of the Person is the person your kid will live with on the day-to-day- think location, home, school.

In California, dad will automatically receive “custody” of the child, especially since there are likely court orders in place that indicate the dad already has rights.

When working on your guardianship appointment you must take into consideration (because the court sure does) what is in the “best interest of the child”- if being with dad is best, then that’s what happens. If not, then you can appoint a “guardian of the person” or someone else who would get physical custody of your kiddo. You’ll also want to make sure you have supporting evidence as to why dad isn’t the best option.

Guardian of the Estate

Guardian of the Estate is the person who will manage all your moolah for your kid- think trust fund. Now, if you’re divorced or your baby daddy can’t keep up with child support, you don’t want him to manage the money for your kid.

Most times, mamas will appoint the same person she appoints as her trustee- someone she trusts with money.

So you have a couple of things to consider. Have questions or want to chat some more? Give us a call or shoot us an email to set up a time. You can even head on over to our CONTACT page and schedule it online.

Happy Hump Day!

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