It's Saturday night. You and your spouse are finally getting that date night you've been promising each other for weeks. The babysitter is downstairs. The kids are bathed, fed, and in their pajamas. For one evening, life feels normal.
Then the unthinkable happens. An accident on the way home. A medical emergency at dinner. Something that no parent wants to imagine — but every parent needs to plan for.
What happens to your kids in the next 24 hours?
If you're like 67% of American parents, the answer is: you don't actually know. You think you know. You've told your sister she'd take the kids. You've named godparents at the baptism. Your will is in a filing cabinet somewhere.
But here's the truth that keeps estate planning attorneys up at night: none of that gives anyone legal authority over your children in an emergency.
The Babysitter Scenario: A Timeline
Let's walk through what actually happens under Texas law:
9:00 PM — The babysitter calls 911
She's panicked. She doesn't know your sister's phone number. She doesn't know where your will is. She doesn't even know your kids' pediatrician. All she can do is call for help and wait.
9:30 PM — Police arrive
Officers determine the children's parents are unavailable. They ask the babysitter: “Is there a legal guardian designated?” She doesn't know. There's nothing in the house that says so.
10:00 PM — CPS is contacted
Texas law requires officers to contact Child Protective Services when children have no identifiable legal guardian available. Your babysitter — a wonderful person — has no legal standing. Neither do your neighbors.
11:00 PM — Your children are placed in emergency foster care
Not with your sister. Not with the godparents. With strangers. Because CPS can't reach your designated people — or more likely, you never gave anyone the legal authority to step in immediately.
Days later — A judge decides
Even if you named guardians in your will, wills go through probate. That takes weeks to months. Meanwhile, your kids are in the system — confused, scared, and separated from everyone they know.
This isn't a horror story designed to scare you. This is how the law works in Texas. And variations of this scenario happen every single day to families who thought they had a plan.
Don’t Wait — Protect Your Kids Today
A Kids Protection Plan ensures your children are never placed with strangers. Learn how it works for your family.
Why Naming Godparents Isn't Enough
Let's clear up the most common misconception in estate planning for parents:
Naming godparents is a religious or personal tradition. It has zero legal effect.
A godparent has no more legal right to your children than any other adult. Unless you've created a legally binding guardian designation — one that's immediately accessible, not buried in a will — godparents can't take custody of your kids in an emergency.
The same goes for telling your sister, your parents, or your best friend that they're “in charge if anything happens.” Verbal agreements carry no weight with law enforcement or CPS. They need paperwork. They need immediate paperwork.
Why Your Will Isn't Enough Either
“But I named guardians in my will!” Great — that's better than nothing. But here's the problem:
- Your will is in a drawer, a filing cabinet, or a safe deposit box. First responders can't access it.
- Wills only take effect after they're admitted to probate — a process that takes weeks to months.
- During that probate period, a court decides where your kids stay. Not you.
- If your will is more than 3 years old, the guardian you named may no longer be appropriate.
- A will names one guardian. What if they're traveling? What if they can't get to your kids for 48 hours?
The Solution: A Kids Protection Plan
A Kids Protection Plan is specifically designed to close these gaps. It's not a will. It's not a trust. It's a standalone set of legal documents that ensure your children are never, under any circumstances, placed in the care of anyone you wouldn't want — even temporarily.
Here's what it includes:
Named Legal Guardians
Two tiers of guardians with immediate legal authority — not buried in a will, but on-file and accessible.
Emergency ID Cards
Wallet-sized cards your babysitter, school, and family members carry with emergency instructions and guardian info.
Temporary Guardian Authorization
A legally binding document that gives your chosen person immediate authority to care for your kids — no court needed.
Detailed Care Instructions
Medical needs, allergies, routines, school info, and comfort preferences — everything a guardian needs on day one.
Financial Provisions
Instructions for accessing funds to care for your children immediately, without waiting for probate.
Annual Review Built In
Because the right guardian at age 2 may not be the right guardian at age 12. Plans grow with your family.
Same Emergency, Two Different Outcomes
❌ Without a Kids Protection Plan
- Babysitter calls 911, doesn't know who to contact
- Police call CPS — it's the law
- Children placed with strangers
- Family scrambles for legal authority
- Court process takes weeks
- Kids are scared and confused
✅ With a Kids Protection Plan
- Babysitter checks Emergency ID Card
- Calls designated guardian immediately
- Guardian arrives with legal authorization
- Kids go home with someone they know and love
- Care instructions cover everything from meds to bedtime
- No court involvement needed
That's the difference. Not “someday.” Tonight.
What Should You Do Right Now?
If you don't have a Kids Protection Plan, here are three things you can do today:
- 1
Write down your top 3 guardian choices
Think about who you'd want raising your kids — values, location, lifestyle, and willingness. Rank them.
- 2
Have the conversation with your spouse
Most couples haven't actually discussed this in specific terms. Do it tonight, even if it's uncomfortable.
- 3
Schedule a free planning session
We'll walk through your specific situation, answer your questions, and show you exactly how a Kids Protection Plan works for your family.
Don't Go to Sleep Tonight Without a Plan
Your free planning session takes 30 minutes. Your kids' protection lasts a lifetime.
Written by
Legacy Dad
Dad of three, licensed Texas attorney, and founder of Legacy Dad. After years in corporate law, our founder trained in the New Law Business Model to build an estate planning practice that actually serves families — not just bills them. Baylor University undergrad, University of Houston Law Center (top 5%, Law Review).
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