Guardianships

We all go through tough times when we need the support of our family or the broader community. But during these times, parents can’t push the “pause” button on caring for a child. Whatever the reason, it is often the case that grandparents, other relatives, or other caring adults step up to provide a safe, stable and secure home for a child when his or her parent cannot.   

During these times, a court-ordered legal guardianship may be appropriate.

Guardianships are sought for a variety of reasons. Typically a relative or other adult has physical custody of the child but may need legal authority to add the child to the family’s health insurance, enroll the child in school, or obtain non-emergency medical treatment for the child. Sometimes the child’s parent poses a threat to the child, and the caregiver seeks a guardianship to ensure the child’s safety and security.

Guardianships differ from adoption in that the biological parents’ rights are not terminated. A court-approved guardian simply “steps into the shoes” of the parent in caring for the child.

Generally, for a guardianship to be entered, the child’s parent must consent to the guardianship, or be found by a judge “unwilling, unable or adjudged unfit” to parent the child. A court-approved guardianship provides stability for a child because it is supervised by the court and can be modified or terminated only by court order.

If you have been caring for a child and believe a guardianship would provide needed stability, or if you would like to discuss the possibility of consenting to a guardianship for your child, please call me now.