Every parent wants to know their child will be cared for no matter what. For LGBTQ+ families, that peace of mind often depends on putting the right legal protections in place. One of the most important steps you can take is naming a guardian for your child in case something unexpected happens.
At OC Wills & Trust Attorneys, we understand that LGBTQ+ parents face unique legal challenges. We’re here to help you plan ahead so your child is protected and your wishes are respected.
What Is a Guardianship?
A guardianship is a legal arrangement that allows someone you choose to care for your child if you’re no longer able to. That person becomes responsible for day-to-day decisions like where your child lives, what school they attend, and how they receive medical care.
In California, you can name a guardian for:
- Minor children
- Adult children with disabilities or special needs
Without this planning, a court could step in and appoint a guardian based on what it believes is in your child’s best interest. That may not reflect your values or your child’s relationship with extended family, friends, or your partner.
Why Guardianship Planning Matters for LGBTQ+ Parents
Guardianship planning is especially important for LGBTQ+ parents because legal parentage isn’t always straightforward. A biological parent may automatically have rights, while a non-biological or non-adoptive parent may not, especially if legal steps like second-parent adoption or parentage judgments haven’t been taken.
That can lead to problems, including:
- A partner or spouse not being recognized as a legal parent
- A child being placed with a relative who doesn’t support your family structure
- Custody disputes that go against your child’s emotional best interests
This planning matters for many LGBTQ+ families, including:
- Same-sex couples raising children together
- Transgender parents who share custody or have blended families
- Parents who used assisted reproductive technology or surrogacy
Naming a guardian in writing ensures your intent is known and respected. It reduces confusion, conflict, and legal risk at a time when your child would already be facing an emotional loss.
How to Nominate a Guardian in California
California law allows parents to nominate a guardian in their will or through a separate guardianship nomination document. While the court has the final say, it gives strong weight to the person you’ve chosen.
When we help clients create a guardianship plan, we walk through the following steps:
- Choosing a guardian who shares your values and can provide a stable home
- Naming one or more alternates in case your first choice isn’t able to serve
- Deciding whether the same person should manage your child’s inheritance or if someone else should be named as a financial guardian (also called a guardian of the estate)
Once the nomination is complete, it must be signed and stored in a safe, accessible location. It’s also helpful to let the nominated guardian know ahead of time, so they’re prepared if the time ever comes.
Tips for Choosing the Right Guardian
This decision can feel overwhelming, but you don’t have to figure it out alone. We’ll help you think it through from both a legal and practical perspective.
Here are a few questions to consider:
- Do they know and love your child?
- Are they emotionally and financially capable of raising children?
- Do they support your identity, values, and wishes for your child?
- Will your child feel safe and supported in their care?
You’ll also want to consider factors such as location, age, and whether they already have children of their own. In many cases, we also help parents draft a letter of intent that shares their parenting philosophy and other personal insights to guide the guardian.
How We Support LGBTQ+ Families With Guardianship Planning
At OC Wills & Trust Attorneys, we work with many LGBTQ+ parents who want to be sure their children are legally protected. We take the time to understand how your family is formed, what relationships matter most, and how to reflect that clearly in your estate plan.
We’ll walk you through your options, answer your questions, and create a custom guardianship plan that fits your life. Whether you’re building a new plan or updating an old one, you’ll have documents you can rely on and confidence in the decisions you’ve made.
Contact Our Experienced Orange County LGBTQ+ Estate Planning Attorneys
You’ve worked hard to build a loving, supportive family. A guardianship plan helps make sure that continues, no matter what the future holds.
Contact OC Wills & Trust Attorneys today to get started. We’re ready to help you take this important step for your child and your peace of mind.
With offices in Irvine, Huntington Beach, and Anaheim, OC Wills & Trust Attorneys also serves clients throughout Southern California, including Mission Viejo, Huntington Beach, Costa Mesa, Seal Beach, Long Beach, Fountain Valley, Newport Beach, and the greater Orange County area.
