When you appoint a person as guardian for your children it in no way interferes with your parental rights unless you become physically or mentally unable to provide appropriate care for your kids. In addition, you can terminate guardianship appointments at any time if the person you chose is no longer your first choice.

All responsible parents should appoint a guardian to secure their children in case they are no longer around or are unable to take care of their children. However, there are some special segments who shouldn’t ignore this.
• Married Couples with minor kids
• Married Couples with kids with special needs
• Single parents
• Separated Couples with kids
• Divorced Couples with kids
• Live-In Partners with children

When thinking about appointing a guardian for your children, it’s important to choose someone responsible and trustworthy. Family members, friends and other loved ones are all appropriate choices. It’s also important to choose backup options in the event your first choice is unable or unwilling to take on the job. Having a conversation with your first-choice guardian in advance is always a smart move.

If you are based out of Chennai, Mumbai and Kolkata, registration of the guardianship document is mandatory. For other places in India it is not, however we highly recommend you to register guardianship documents to add more credibility. We can help you with explaining the registration process and the steps you need to take.

Yes, your spouse will be the primary guardian by default. However, without specifically appointing your spouse as a primary guardian, relatives can challenge the competency of a surviving spouse. You can ensure your spouse is given all rights and responsibilities legally to avoid any challenge. A backup guardian for your child can ease some pressure off your spouse and help him/her make better decisions.

Legal custody is what a court would grant if there’s ever a dispute regarding where a child should live. Legal guardianship is what a court may grant someone other than a biological parent. It would give an adult the right to care for a minor. Parents assume guardianship by default, but in cases where a parent is absent or unfit, the court may step in and appoint someone else to the role.

This document is prepared by expert lawyers  who have handled thousands of guardianship cases. Rest assured that this document is 100% legal and will stand in any Indian court.

You can secure your children financially by creating a Will in which you can give some estate to guardians, or alternatively you can set up a trust for the children which can be used by the guardian to cover expenses of your children.