Thinking about becoming the legal guardian of a child? Guardianship is the process of granting legal permission to someone, other than the minor’s parents, to act in the best interests of the minor and to make decisions on the minor’s behalf.
What Is the Definition of a Guardian?
A guardian is a court-appointed role that involves an individual taking responsibility for personal or financial decisions made, on behalf of a minor. It is akin to “stepping into the shoes” of the child’s parent.
The process of obtaining guardianship over a child involves the following process:
- Drafting and filing legal documents to commence the action
- Serving the pleadings to all interested parties
- Attending at least one court hearing
- Working with a Guardian ad Litem
- In some cases, filing annual reports regarding the child
Having legal assistance through the process not only gives you peace of mind but it makes the process less time-consuming for you.
Types of Guardianships
Several types of guardianships exist for children, including full, limited, temporary, and emergency.
- A Full guardianship may be ordered if the facts and circumstances establish that the child’s parents are unfit, unwilling, or unable to provide for the care, custody, and control of the child, or if other circumstances demonstrate that full authority needs to be transferred to another adult. The court may order a limited guardianship if it is proven that the child’s parents need assistance in providing for the care, custody, and control of the child.
- For limited guardianship, specific rights and duties must be requested.
- A temporary guardianship may be ordered if the facts and circumstances establish that the child’s particular situation—including the inability of the child’s parents to provide for the care, custody, and control of the child for a temporary period—requires the appointment of a temporary guardian.
- Finally, an emergency guardianship may be ordered if the facts and circumstances establish that the welfare of the child requires the immediate appointment of a guardian.
In all cases, sufficient evidence must be presented that the proposed guardian is fit, willing, and able to serve as the child’s legal guardian.
A Guardian ad Litem is appointed to represent the best interests of the minor child during the proceeding. Guardianship proceedings have strict timelines that must be complied with, and the initial case usually moves quickly.
Thinking of Filing for Legal Guardianship?
Contact one of our experienced family law attorneys at Doar, Drill & Skow today to determine if guardianship is appropriate for your intended goals, and if so, to understand how to begin the next steps of this legal process.
DISCLAIMER: The Doar, Drill, and Skow blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported may come from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these types of situations choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.