A Real Case, One Child, and a Wake-Up Call for Parents
Most parents assume that if something happened to them, the other parent would naturally step in and things would fall into place.
And sometimes, that’s exactly how it goes. But not always.
Because real life is rarely simple. Parents split. Tension builds. Custody disputes can drag on for years. And when something unexpected happens in the middle of that, children can be left in legal limbo while adults and the court try to sort out what comes next.
A recent Michigan case highlights just how complicated this can become. It also exposes a planning gap most parents don’t even realize exists, one that a basic will alone can’t fix.
After a Parent Dies, Things Aren’t Always Straightforward
The Michigan case, Sartor v. Johnson, involved a child whose parents, Dwight and Renee, had been entangled in years of contentious custody battles. Over time, the court placed increasing limits on Renee’s parenting time due to concerns about alcohol use, anger, and mental health. Eventually, Dwight was awarded sole legal and physical custody, and Renee’s contact was reduced to supervised visits.
In 2023, relatives stepped in and temporarily obtained guardianship after Dwight left town and concerns were raised about the child’s medical care. That arrangement was short-lived, and the child was returned to Dwight. Then Dwight passed away.
At that point, Renee who hadn’t seen the child in over two years petitioned for full custody.
Under Michigan law (and in most states), custody typically shifts to the surviving parent when one dies. But that’s not automatic if it’s not in the child’s best interest. After hearing testimony and reviewing the full picture, the court determined that placing the child with Renee was not appropriate. Instead, custody was awarded to the child’s paternal aunt and uncle, a decision later upheld on appeal.
Here’s the takeaway: even when the law leans toward a surviving parent, courts still look at the facts and make a determination based on what’s best for the child. And without strong documentation, the outcome can be anything but predictable.
And that court fight? That was only part of the issue. There was a more immediate problem, one that could impact any parent, in any situation.
The Critical First 24 Hours: Who Can Act for Your Child?
In the Michigan case, the child had a chronic medical condition that required ongoing medication and IV infusions every four to six weeks. When Dwight left town and relatives stepped in, they couldn’t just jump in and help, they had to go to court to get guardianship just to make medical decisions.
Think about that for a second.
If something happened to you today,a car accident, a sudden illness, even a temporary incapacity who can legally step in for your child right now? Not in a week. Not after paperwork. Right now.
Without a plan, the answer may be no one. Even the person you trust most may not be able to:
Consent to medical care
Access medical records
Enroll your child in school
Handle basic, day-to-day decisions
In some situations, children are even placed temporarily with strangers through child protective services while the court figures out who has authority. And even when things move quickly, emergency guardianship can take days or weeks. During that time, your child’s care, routine, and stability are all up in the air.
And here’s the part most people miss: a traditional estate plan doesn’t fix this. Naming a guardian in your will only kicks in after a court process that can take weeks or months. It does nothing for the immediate moment when your child needs help.
Bottom line: there’s a real gap between “something just happened” and “someone can legally step in” and that gap can last far longer than you’d expect. Your child shouldn’t be stuck in that uncertainty.
That’s exactly the problem a Kids Protection Plan® is designed to solve. Let’s break down what that actually means.
What Most Parents Forget to Plan For
A Kids Protection Plan is built for real life not just paperwork. It’s designed to handle what actually happens when a parent suddenly can’t be there. And it goes far beyond naming a guardian in a will.
With a Kids Protection Plan, you can:
Name both short-term and long-term guardians
Give trusted caregivers immediate legal authority, no court delay
Keep your child out of the hands of strangers or anyone you wouldn’t choose
Make sure medical care and daily needs are handled right away
Bottom line: a will plans for the future. A Kids Protection Plan protects your child in the moment those first critical hours before any court is involved. It creates stability when your child needs it most and helps ensure they’re cared for by the people you trust.
And the Michigan case highlights one more piece of this plan that matters just as much.
What If the Other Parent Isn’t the Right Choice?
In this case, the father had spent years building a record documenting his concerns about the mother through prior court proceedings. That history ultimately helped the court decide that placing the child with relatives was in her best interest.
But most parents don’t have that kind of paper trail. Most haven’t been in years of litigation creating a documented record. And without it, a court may have very little to go on when deciding who should step in for your child.
That’s where a confidential guardian exclusion affidavit comes in. As part of a Kids Protection Plan, it gives you a way to document your concerns now while you’re here to explain them. It’s not public. It stays private with your plan and only comes into play if a court needs to determine who should care for your child.
In it, you can clearly lay out:
Why certain people should not serve as guardians
The background and context a judge would need to understand
Any concerns or supporting details that matter
Without something like this, your voice isn’t part of the conversation.
Bottom line: if you have concerns about who might try to step in, the time to document them is now not after a crisis, when it’s too late.
The Hidden Protection a Real Plan Provides
The Michigan case is a powerful reminder that legal assumptions don't always match real life. Even when the law leans a certain direction, courts still have to evaluate what actually serves a child's best interests, and that process can take time, involve competing voices, and produce real uncertainty.
Without planning, families face:
Legal battles among relatives who all care but disagree
Delays of days or weeks in getting medical care or handling basic needs
Confusion about who has the authority to act
A child navigating an already-difficult loss while adults sort out the logistics
With the right plan in place, those risks shrink dramatically. Your child's care follows your wishes. Trusted caregivers can act immediately. And the people you would not choose are clearly excluded.
The bottom line: The right planning doesn't just protect your child long-term. It eliminates the chaos, delay, and uncertainty that can harm a child in the days immediately after a crisis.
Make the Move Now
Your child deserves protection that works immediately not days or weeks later after the court system catches up.
As a Personal Family Lawyer® Firm, we help you create an Estate Plan that includes a Kids Protection Plan built for real life so your child is protected right away and your wishes are clear if you’re ever not there. We don’t hand you a generic set of documents. We take the time to understand your family and design a plan that actually works when it matters most.
Schedule a complimentary 15-minute discovery call and let’s see where you stand: https://pages.20westlegal.com/schedule/meeting
This article is a service of 20WestLegal LLC. We don't just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love. That's why we offer a Planning Session, during which you will get more financially organized than you've ever been before and make all the best choices for the people you love. You can begin by calling our office in Sudbury, Massachusetts today to schedule an Estate Planning Session and mention this article to find out how to get this $750 session at no charge.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. 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 services must be obtained on your own separate from this educational material.