One Death, One Courtroom, One Child, and a Lesson Every Parent Needs to Hear
June 18, 2026
You may assume that if something happened to you, the other parent would step in and everything would simply work itself out.
In many families, that is true. But not always.
Real life is complicated. Parents separate. Relationships become strained. Custody disputes can continue for years. And when a tragedy happens in the middle of all of that, children can end up in legal limbo while relatives and courts try to determine what happens next. A recent Michigan case shows just how complicated that situation can become. It also highlights a gap in estate planning that many parents never see coming and that a basic will cannot solve.
When a Parent Dies, the Answer Is Not Always Clear
The Michigan case, Sartor v. Johnson, involved a child whose parents, Dwight and Renee, had spent years involved in contentious custody litigation. Over time, the court repeatedly limited Renee’s parenting time because of concerns involving alcohol use, anger issues, and mental health struggles. Eventually, Dwight was granted sole legal and physical custody, and Renee’s contact was restricted to supervised visits.
In 2023, relatives temporarily obtained guardianship of the child after Dwight left town and concerns arose about the child’s medical care. Soon after, that guardianship ended and the child returned to Dwight’s care. Then Dwight died.
At that point, Renee, who had not seen the child in more than two years, asked for full legal and physical custody.
Under Michigan law, as in most states, custody generally passes to the surviving parent when one parent dies. But if placing the child with that parent would not be in the child’s best interests, someone else may be awarded custody instead. After hearing testimony from relatives and reviewing the circumstances, the court concluded that placing the child with the mother was not in the child’s best interests. Instead, custody was awarded to the child’s paternal aunt and uncle, and that decision was later upheld on appeal.
The bottom line: Even when the law starts with a presumption in favor of the surviving parent, courts still look at the evidence and decide what truly serves the child’s best interests. A good outcome is not guaranteed unless there is documentation to support it.
That legal fight was only part of the problem. There was also an immediate issue that could affect almost any parent in any kind of family situation.
The First 24 Hours: Who Has Legal Authority to Help Your Child?
In the Michigan case, the child had a chronic medical condition that required regular medication and IV infusions every four to six weeks. When Dwight left town and relatives stepped in, they had to go to court and obtain guardianship just to have authority to make medical decisions.
Think about what that means in real life.
If something happened to you today, whether it was a car accident, a sudden medical emergency, or even a short period of incapacity, who would have legal authority to care for your child immediately? Not in a week, after court papers are processed. Right away.
Without planning, the answer may be no one. Even a trusted relative may not be able to:
- Without planning, the answer may be no one. Even a trusted relative may not be able to:
- Access your child’s medical records
- Enroll your child in school
- Make everyday but necessary decisions on your child’s behalf
In some situations, children have even been temporarily placed with strangers through child protective services while the courts worked out who had legal authority to act. Emergency guardianship proceedings, even when handled quickly, can still take several days or several weeks. During that time, your child’s medical care, education, and daily routine may all remain uncertain.
Traditional estate plans do not solve this problem. Naming a guardian in a will only becomes effective after a probate court process that may take weeks or months. It does nothing to protect your child in the hours and days immediately after an emergency.
The bottom line: The gap between “something just happened” and “the court has approved someone to help” can last for weeks. Your child should not have to remain in uncertainty during that time.
The Plan Most Parents Do Not Know They Need
This is exactly the kind of problem a Kids Protection Plan® is meant to address.
A Kids Protection Plan is a comprehensive plan specifically designed for the immediate, real life situations that happen when a parent becomes unavailable. It does much more than simply naming a guardian in a will.
With a Kids Protection Plan, you can:
- Name both short term and long term guardians for your children
- Give trusted caregivers immediate legal authority to act without waiting for a court order
- Help prevent your child from being placed with strangers or anyone you would not choose
- Help prevent your child from being placed with strangers or anyone you would not choose
The bottom line:A will names a guardian for the future. A Kids Protection Plan protects your child right away, during the first hours of an emergency, before any court becomes involved. That can provide far more stability and reduce the risk that your child ends up in the care of strangers.
But the Michigan case also points to another important part of this kind of planning.
What If the Other Parent Is the One You Are Worried About?
In this case, the deceased father had spent years documenting concerns about the mother through court proceedings. That evidence ultimately helped persuade the court that placing the child with relatives was in the child’s best interests.
Most parents are not in that position. Most have not spent years in litigation creating a record. And without that kind of record, a court may have very little information to rely on when deciding who should care for your child.
A confidential guardian exclusion affidavit, which can be included as part of a Kids Protection Plan, allows you to put your concerns in writing now while you are here to explain them. This document is not public. It remains private with your planning documents and only becomes relevant if a court ever needs to decide who should care for your child.
In it, you can explain:
- Why certain individuals should not be chosen as guardians
- The history and context a judge would need to understand
- Any specific concerns or evidence supporting your position.
Without something like this, your perspective may never become part of the record at all.
The bottom line:: If you have concerns about who may try to seek custody of your child, the time to document those concerns is now, not after a crisis makes it impossible.
Why the Right Plan Protects More Than You Realize
The Michigan case is a powerful reminder that legal assumptions do not always match real life. Even when the law initially points in one direction, courts still have to determine what truly serves a child’s best interests, and that process can take time, involve multiple competing voices, and create real uncertainty.
Without planning, families may face:
- Legal battles between relatives who all care but disagree
- Delays of days or weeks in getting medical care or handling basic needs
- Confusion about who actually has authority to act
- A child dealing with an already painful loss while adults sort out the legal issues
With the right plan in place, those risks are greatly reduced. Your child’s care can follow your wishes. Trusted caregivers can act immediately. And the people you would never want in charge can be clearly excluded.
The bottom line: The right planning does not just protect your child in the long term. It also reduces chaos, delay, and uncertainty during the critical days immediately after a crisis.
What You Can Do Right Now
Your child deserves protection that works from the very first moment of an emergency, not just eventually after the court system has time to catch up. As a Personal Family Lawyer® Firm, we help you create a Life & Legacy Plan that includes a Kids Protection Plan designed to protect your child immediately and make sure your wishes guide what happens if you are ever not there. We do not use one size fits all documents. We take the time to understand your family’s situation and create a plan that actually works when your loved ones need it.
To learn more about how we can assist you and your loved ones, schedule a FREE discovery intake call using our online form, or call 501 300 7526 (PLAN). to schedule your FREE discovery intake call.
This article is a service of Phoenix Law, your trusted Arkansas Life & Legacy Planning and Arkansas estate planning attorneys in Sherwood, Arkansas. We do more than draft documents. We help you make informed and empowered decisions about life and death, for yourself and the people you love. That is why we offer a Life and Legacy Planning Session, during which you can become more financially organized than ever before and make the best possible choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session.
This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice must be obtained separately from this educational material.
