Estate planning for blended families requires special considerations.

We represent many blended families. A question that often arises is whether a parent can declare a step-parent or other non-parent as the guardian of a child over the child’s living biological parent.

We have always cautioned clients that this declaration likely would not stand in the face of a challenge by an otherwise fit surviving parent.

In June 2020, the Texas Supreme Court provided guidance on this issue in In re C.J.C. The decision makes it clear that a parent will have limited options to designate a guardian other than a child’s surviving parent, absent a showing that the surviving parent is unfit. And, to the extent that anyone other than the surviving biological parent seeks to obtain guardianship over the child, that person will face an uphill battle.

It is important that when you craft your estate plan you consult with an attorney who is versed in planning to meet the needs of your family.

For more information on In re C.J.C., please visit:

In re C.J.C. - Opinion and Pleadings

Supreme Court of Texas Protects the Constitutional Rights of Parents in Landmark Child Custody Case