A Relative can assume guardianship over a child under the age of eighteen in the event the circumstances call for it. For example, if a parent is in the process of being incarcerated, a grandparent or an aunt can step in and assume guardianship over the child.
Establishing Legal Guardianship
Guardianship can be consented to, or it could be a contested matter. In an agreed upon guardianship, also called consent guardianship, the parent would consent to the guardianship.
Guardianships are only temporarily, not permanent, therefore, if the circumstances that led to the guardianship being needed no longer exist, the parent can petition to court to terminate the guardianship.
An Example
An example case could be if Mom is going to prison, she could consent to the legal guardianship of her daughter to grandmother. Then, upon mom's release from prison, she can petition the court for the guardianship to be terminated.
She needs to show that she has stable employment and or income, stable housing, not on any illegal substance and can provide adequately for the child. If she is able to prove all these things, the Court will terminate the guardianship, because the circumstances that led to the need for the guardianship no longer exists.
Why a Guardianship May Be Important
Legal guardianships are a great way to ensure that your children do not end up as wards of the State in the event that a circumstance arises making it difficult or impossible to provide the day to day care for your minor children.
Preferences of the Legal Guardian
The preference of a guardian is as follows:
- A parent or to both parents jointly;
- A grandparent
- A person who was indicated by the wishes of a decease parent;
- A relative of either parent;
- The person whose home the child has been living in a wholesome and stable environment including but not limited to a foster parent; or
- Any other person deemed by the Court to be suitable and provide adequate and proper care and guidance to the child.
If you want to set up a legal guardianship, talk to your family attorney about your situation and get some legal advice regarding how best to do it.
