Are you trying to get guardianship of a child? If so, then you will want to be familiar with the process of establishing guardianship and will want to know what this relationship implies. If you are named a child's guardian, this means that you will have the responsibility to take care of a child's personal needs. These include shelter, education, and medical care. You may need to pay for all of the expenses of raising the child out of pocket.
A guardian may also provide financial management for a child's assets, although sometimes a second person is appointed for this purpose. Sometimes a child's funds are in a trust and there is a trustee appointed to make sure that the child gets the finances that he or she is permitted at a particular time.
Guardianship is not the same thing as adoption. In an adoption, the new caretaker becomes the child's legal parent. In a guardianship, the adult caring for the child is not the child's parent and does not want to become the child's parent. This means that a child can still continue a child-parent relationship with his or her biological parents.
If those biological parents are still alive, then they have the responsibility to provide for their child financially to the best of their ability. If the biological parent dies without a will, then his or her estate will naturally be given to the child through inheritance rights. Adoption permanently changes the relationship between a child and the adults involved. The adopting adults legally become the child's parents.
If you choose to pursue guardianship of a child, the guardianship arrangement will normally end when a child turns 18, as the child is now considered a legal adult. If the child dies before this time, this will terminate the guardianship, or if the child's assets are used up and the guardianship was only arrangement set up for the purpose of handling the child's finances. As well, if a judge determines that the guardianship is no longer necessary, then this will terminate the guardianship.
Guardians have the right to step down from their responsibilities if it proves to be too much for them. In these situations, the court is required to approve the end of the guardianship and then appoint another guardian if this is necessary. If you plan to care for a child that is not biologically yours for longer than a few months, you may need to go and get a legal guardianship set up.
Without a legal guardianship set up, you will have trouble registering the child in school, arranging for any medical care, or obtaining benefits on the child's behalf. Also, if the child's biological parents are unable or unfit to care for the child, obtaining a guardianship will help you secure legal rights to keep the child despite the fact that the parents may want the child back.
An adult who as physical custody of a child may have reasons for not wanting to become a legal guardian. For example, if the caretaker doesn't want to be watched by the court or have to allow a social worker to inspect the home, then he or she may want to avoid getting guardianship.
Also, if an adult hesitates to make a commitment to the child to care for him or her, or if the guardianship is going to set off a messy battle for legal custody, then it may be best to avoid guardianship. If you are considering getting guardianship of a child, a local family attorney can help you to work through your situation and get the assistance that you need. Contact an attorney at the firm today to learn more!