Guardianship

A minor guardianship gives a person other than a custodial parent power to make decisions on behalf of a minor. The need arises in its most compelling form when parents are killed suddenly. Other circumstances may also be the basis for a minor guardianship. A custodial parent may join the armed forces, enter drug treatment, be sent to prison, be too young to handle parenting responsibilities, or simply disappear. There are other occasions when Child Protective Services may ask the parents to consent to a guardianship instead of going through abuse and neglect proceedings.  Sometimes, a guardianship is sought in a school district other than that where a child lives to permit the child to attend school where educational opportunities are deemed better. In these instances, someone must be able to enroll a minor child in school, contract for medical treatment, obtain health insurance, and do other things a parent could do if present.

Our firm represents parents objecting to a guardianship for their minor child and those seeking a guardianship on behalf of a minor child.  Our practice includes both full and limited guardianships.  A full guardianship enables the guardian to make all of those decisions a parent would make.  A limited guardianship, on the other hand, does not allow the guardian to consent to marriage, adoption or release of the minor child for adoption.

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