Divorce changes many aspects of life, but one of the most important concerns for parents is ensuring their children are properly cared for if something unexpected happens. Without the right legal protections in place, guardianship decisions may not reflect your wishes. While many assume that custody would automatically go to the surviving parent, this is not guaranteed—especially in Tennessee where the court may intervene due to remarriage, financial concerns, or family disputes.

Proper estate planning gives you a voice in who will raise your children and how their needs will be met if you are no longer able to do so.

Why Guardianship Designations Matter

In Tennessee, custody of minor children usually passes to the surviving parent. However, that is not automatic in every case. A court will determine guardianship if:

• The other parent is deemed unfit due to substance abuse, criminal history, or instability
• The surviving parent is unable to care for the child due to illness or financial hardship
• Both parents are deceased or incapacitated

If you do not name a legal guardian, the decision will be left entirely to a judge. That judge may appoint your ex-spouse, a relative, or, in extreme cases, a state-appointed guardian based solely on what the court believes is in the child’s best interest.

How to Choose the Right Guardian

Naming a guardian in your estate plan gives you control and ensures the court considers your preferences. When evaluating potential guardians, consider:

• Alignment of values and parenting style
• Financial and emotional stability
• The existing relationship between the guardian and your child
• Willingness and ability to serve in that role

If your ex-spouse is not the best choice, clearly stating your preferred guardian in legal documents can influence the court’s decision in contested situations.

How to Legally Name a Guardian in Tennessee

To ensure your wishes are followed, take the following steps:

1. Update Your Will

Your will should explicitly name a guardian for your minor children. In Tennessee, this is the most effective way to influence a guardianship decision after your death. If your will lacks this designation, the court will make the determination.

2. Consider Temporary or Standby Guardianship

Tennessee law allows for limited temporary guardianship arrangements in emergency or incapacitation situations. Although not widely used, this can offer interim protection for your children if you’re unable to act as a parent due to medical reasons.

3. Set Up a Trust for Financial Support

Establishing a trust allows you to provide long-term financial care for your children, without giving an ex-spouse direct access to funds. A trust can:

• Specify how money is spent on your child’s care and education
• Designate a separate trustee to manage funds
• Protect the inheritance until your child reaches a certain age

4. Update Beneficiary Designations

Retirement accounts, life insurance, and payable-on-death accounts often bypass your will. Be sure to remove an ex-spouse as a beneficiary if that is no longer your intent. Otherwise, those funds may be distributed directly to them, regardless of your other plans.

What Happens If You Don’t Plan?

If no guardian is legally designated:

• Your ex-spouse may automatically gain custody—even if unsuitable
• Courts may assign custody to a relative or, in some cases, to foster care
• Family members may contest guardianship, leading to prolonged legal disputes
• No clear financial support structure may exist for your child’s future

Take Action Now

Estate planning gives you the power to protect your children, even when you’re not there to do so. To get started:

• Name a guardian in your will
• Create a trust to control and protect your child’s inheritance
• Update all beneficiary designations to reflect your current wishes
• Speak with the intended guardian to confirm their willingness and readiness

At Beacon Legacy Group, we help Tennessee parents create clear, enforceable estate plans that prioritize their children’s future. If you’re a divorced or single parent, now is the time to take action.

Schedule a consultation today to safeguard your child’s future.