You probably assume that if something happened to you, the other parent would step in and everything would work itself out.
In many families, that's true. But not always.
Real life is messy. Parents separate. Relationships become contentious. Custody disputes drag on for years. And when a tragedy occurs in the middle of all of that, children can end up in legal limbo while adults and courts scramble to figure out what happens next. A recent Michigan case shows exactly how complicated things can get. It also reveals a gap in estate planning that most parents never see coming and that a basic will simply cannot fill.
When a Parent Dies, the Answer Isn't Always Obvious
The Michigan case titled Sartor v. Johnson involved a child whose parents, Dwight and Renee, had been locked in years of contentious custody litigation. Over time, the court repeatedly restricted Renee's parenting time due to concerns about alcohol use, anger issues, and mental health struggles. Eventually, Dwight was awarded sole legal and physical custody, and Renee was limited to supervised visits.
In 2023, relatives temporarily obtained guardianship of the child after Dwight left town, and concerns arose about the child's medical care. Shortly afterward, that guardianship ended, and the child returned to Dwight's care. Then Dwight died.
At that point, Renee, who had not seen the child in more than two years, sought full legal and physical custody.
Under Michigan law, as in most states, custody goes to the surviving parent when one parent dies. But if being with that parent would not serve the child's best interests, then someone else can gain custody. After hearing testimony from relatives and reviewing the circumstances, the court determined that placing the child with the mother was not in the child's best interests. Instead, custody was awarded to the child's paternal aunt and uncle, a decision that was upheld on appeal.
The bottom line: Even when the law creates a presumption in favor of the surviving parent, courts still weigh the evidence and decide what actually serves the child. A good outcome is not guaranteed without documentation to support it.
That legal battle, though, was only part of the problem. There was also a more immediate issue that could affect any parent in any family situation.
The First 24 Hours: Who Has the Legal Authority to Help Your Child?
In the Michigan case, the child had a chronic medical condition that required regular medication and IV infusions every four to six weeks. When Dwight left town, and relatives stepped in, they had to go through the court to obtain guardianship just to have the legal authority to make medical decisions.
Think about what that means in practice.
If something happened to you today, a car accident, a sudden medical event, even a short stretch of incapacitation, who has the legal authority to take care of your child right now? Not in a week, after court filings are processed. Right now.
Without planning, the answer may be no one. Even the most trusted relative may not be able to:
- Consent to medical treatment
- Access your child's medical records
- Enroll your child in school
- Make routine but necessary day-to-day decisions
In some cases, children have been placed temporarily with strangers through child protective services while courts sorted out who had legal authority to act. Emergency guardianship proceedings, even when things move quickly, can take anywhere from several days to several weeks. During that time, your child's medical care, schooling, and daily needs are in limbo.
Traditional estate plans don't address this gap. Naming a guardian in a will only takes effect after a probate court process that can take weeks or months. It does nothing to help in the hours and days immediately after an emergency.
The bottom line: The gap between "something just happened" and "the court has authorized someone to help" can stretch for weeks. Your child shouldn't have to wait in uncertainty during that time.
This is exactly the problem a Kids Protection Plan® is designed to solve. Let's look at what that means.
The Plan Most Parents Don't Know They Need
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.
The bottom line: 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 match real life. 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.
The bottom line: The right planning doesn't just protect your child long-term. It eliminates the chaos, delay, and uncertainty that can harm a child in the days immediately after a crisis.
What You Can Do Right Now
Your child deserves protection that works from the very first moment of an emergency, not just eventually, after a court has had time to catch up. As a Personal Family Lawyer® firm, we help you create a Life & Legacy Plan that includes a Kids Protection Plan designed to protect your child right now and ensure your wishes guide what happens if you are ever not there. We don't create one-size-fits-all documents. We take the time to understand your family's specific situation and design a plan that actually works when your loved ones need it to.
Schedule a complimentary 15-minute discovery call, and let's find out where you stand.
This article is a service of 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 Life & Legacy 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. You can begin by calling our office today to schedule a Life & Legacy Planning Session.
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.
Proper estate planning can keep your family out of conflict, out of court, and out of the public eye. If you’re ready to create a comprehensive estate plan, contact us to schedule your Planning Session. Even if you already have a plan in place, we will review it and help you bring it up to date to avoid heartache for your family. Schedule online today.