Guardianships
Overview
Some children victimized by abuse and neglect at the hands of their own parents can be rescued through the establishment of a guardianship. Guardians have full legal rights and responsibilities for their wards. It is an honorable and rewarding position that these guardians voluntarily undertake.
In uncontested guardianships, the parents realize that they cannot provide adequate care for their child(ren) and consent to another person being appointed as their child(ren)’s guardian. In these situations, an attorney can assist you with preparing all of the paperwork and represent you in court to ensure a smooth transition and successful award of guardianship.
When one or both biological parents contest a guardianship, we work with all parties in an attempt to reach a mutually acceptable and workable solution. This may involve allowing the biological parent(s) to continue visiting with the child(ren) or structuring a way of providing the biological parent(s) with updates. A gentle, compassionate approach is absolutely required in these emotionally tense situations, yet due to the high stakes, we remain firm and committed to my client’s position, providing the client with strength. By placing the child’s needs first and foremost in conjunction with my two-prong approach of offering both strength and compassion, this results in the best possible outcome for all involved parties, including the child. Please contact us today to discuss your guardianship case.
FAQ
Q: What is a guardianship?
A: Legal guardianship means that someone (or in some cases, more than one person) who is not the child’s parent is in charge of taking care of the child. Legal guardians have most of the same rights and responsibilities as parents. They decide where the child lives and goes to school, make decisions about the child’s health care, give permission for the child to join the armed forces or obtain a driver’s license, and take responsibility for any misconduct of the child. Legal guardians have access to programs and aid through Social Services, and they can cover the child under their insurance policy. At times, guardians may be entitled to child support from one or both of the biological parents.
Q: What is the difference between guardianship and adoption?
A: The biggest difference between guardianships and adoptions is that unlike an adoption, a guardianship is not permanent. At the most, a guardianship lasts until the child turns 18. A guardianship does not permanently sever the legal relationship between the child and his or her parents. With an adoption, the child is now legally part of a new family and his or her biological parents will never have any legal rights to the child again.
