Most parents assume that if something happens to them, the other parent will automatically step in and everything will be fine.
In many families, that is exactly what happens. But not always.
Life is rarely that simple. Parents separate. Relationships become strained. Custody disputes last for years. And when a tragedy happens in the middle of conflict, children can end up in legal uncertainty while courts and family members try to sort out what should happen next.
A recent Michigan case illustrates just how complicated this can become – and it also reveals a major gap in most estate plans that a basic will simply does not solve.
When a Parent Dies, Custody Is Not Always Straightforward
The case of Sartor v. Johnson involved a child whose parents, Dwight and Renee, had been involved in long and difficult custody litigation.
Over time, the court limited the mother’s parenting time due to concerns about alcohol use, anger issues, and mental health challenges. Eventually, the father was granted sole legal and physical custody, while the mother’s contact was restricted to supervised visits.
Later, temporary guardians were appointed when the father left town and concerns arose about the child’s medical care. That guardianship eventually ended, and the child returned to the father. Shortly after, the father passed away.
At that point, the mother – who had not seen the child for more than two years—asked for full custody.
Under Michigan law, and in most states, custody typically goes to the surviving parent. However, courts can override that rule if placing the child with that parent would not be in the child’s best interests.
After reviewing testimony and evidence, the court decided that the child should not be placed with the mother. Instead, custody was granted to the child’s paternal aunt and uncle. That decision was later upheld on appeal.
The key takeaway is this: even when the law starts with a preference for the surviving parent, courts will still look at the full situation before making a final decision.
The bottom line: Custody is not automatic. Without clear documentation and evidence, outcomes can become uncertain and heavily contested.
The First 24 Hours: Who Can Legally Care for Your Child?
The legal custody dispute is only part of the concern. There is also a more immediate issue that affects every parent.
In this case, the child had a chronic medical condition requiring ongoing treatment, including regular medication and IV infusions. When the father was unavailable and relatives stepped in, they had to obtain court approval just to make medical decisions.
That raises an important question:
If something happened to you today, who would have the legal authority to care for your child immediately?
Not next week. Not after a court hearing. Right away.
Without proper planning, even trusted family members may not be able to:
- Consent to medical treatment
- Access medical records
- Enroll a child in school
- Make urgent day-to-day decisions
In some situations, children may even be temporarily placed in the care of strangers while waiting for court authorization.
Emergency guardianship processes can take days or even weeks. During that time, a child’s care is often delayed or uncertain.
This is where many parents are surprised: a will does not solve this immediate gap. Naming a guardian in a will only takes effect after a court process, which does not happen instantly.
The bottom line: There is often a critical gap between an emergency and court approval. Children should not be left unprotected during that time.
Why a Will Alone Is Not Enough
This is exactly the gap that a Kids Protection Plan® is designed to address.
A Kids Protection Plan goes beyond naming a long-term guardian in a will. It is designed to protect a child immediately in the event of an emergency.
With this type of plan, parents can:
- Name both short-term and long-term guardians
- Give immediate legal authority to trusted caregivers
- Prevent children from being placed with strangers or unintended caregivers
- Ensure medical and daily needs are handled without delay
The bottom line: A will plans for the future. A Kids Protection Plan protects your child in the immediate hours and days after an emergency – before the court is involved.
When the Other Parent May Not Be the Right Choice
The Michigan case also highlights another difficult reality: sometimes the surviving parent may not be the best option.
In this case, the father had already documented concerns about the mother through years of court proceedings. That record played a role in the court’s final decision.
Most families, however, do not have that kind of documentation.
Without clear, written guidance, a court is left to make decisions with limited information during an already stressful time.
A confidential guardian exclusion affidavit, which can be included in a Kids Protection Plan, allows a parent to document concerns privately while they are still able to explain the context.
This can include:
- Why certain individuals should not serve as guardians
- Relevant history or concerns a court should understand
- Important facts that support your wishes
This document is kept private with your estate planning records and is only used if needed in a legal proceeding.
The bottom line: If you have concerns about custody decisions, those concerns should be documented now – not left for a court to guess later.
Why Proper Planning Matters More Than Most Parents Realize
This case is a reminder that legal assumptions do not always match real life.
Even when the law prefers a certain outcome, courts still must evaluate what is best for the child. That process can take time, create conflict, and leave families uncertain during a very difficult moment.
Without proper planning, families may face:
- Custody disputes among relatives
- Delays in medical care and daily decisions
- Uncertainty about who has legal authority
- Additional stress during an already emotional time
With the right plan in place, those risks can be greatly reduced. Children receive care more quickly. Trusted individuals can act immediately. And unnecessary conflict can often be avoided.
The bottom line: Good planning protects children not just in theory, but in the real, immediate moments after a crisis.
What You Can Do Right Now
Your child deserves protection that works immediately in an emergency – not weeks later after a court process begins.
As an attorney, we help families create a comprehensive Life & Legacy Plan that includes a Kids Protection Plan designed to ensure your children are protected right away and cared for according to your wishes.
We do not use one-size-fits-all documents. We take time to understand your family and design a plan that actually works when it matters most.
At Cheever Law, APC, 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, starting with a valuable and educational Life & Legacy Planning Session. The Life & Legacy Planning Session will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a 15-minute introductory call today. you love means planning with clarity – not guesswork.