There are instances when a guardianship is established to protect or represent a minor child – requiring someone other than his or her parents.
The most common instance is during divorce and custody battles or when a child’s parents are being investigated for abuse or neglect. A child guardian can be needed temporarily or permanently, depending on the situation.
Anyone can be a legal guardian – a family member, social worker, lawyer or volunteer. The guardian will fulfill parental responsibilities for the child while they maintain their child guardian status. However, the biological parents may still have some financial responsibility for the child and some degree of contact with the child.
Guardianships can be highly beneficial to individuals and provide peace of mind to family members in knowing that their child is being looked after when they are no longer able to do so themselves.
What does a child guardian do? They are empowered to care for and represent the child in every aspect of his or her life. They sort of have a parent-child relationship.
When it comes to divorce and custody proceedings, the legal guardian or ‘guardian ad litem’ is appointed by the court and has the responsibility to investigate the living conditions the child would face if either parent were given custody.
Both the guardian and minor must go through an interview process about where they would like to live. The guardian may also advise the child concerning his or her rights in the custody battle. By spending a lot of time together, the guardian is able to recommend to the court what he or she believes is best for the child’s future.
Ending the guardianship depends on the specific situation, but can be established from the beginning of the legal agreement or be determined by other conditions. An example of the latter is when the judge rules on a custody agreement or a conflict regarding the child’s needs between the divorcing parents, the guardianship will end.
In another instance, a legal guardian who serves as a guardian of an estate may only serve until the child turns 18 or 21 in some cases. In summary, a guardian and minor may be together permanently, until the child turns 18, the child dies, the judge determines the guardianship is no longer necessary, or until the child’s parents become competent to exercise their parental duties once again.
At the Orange County family law offices of Amy M. Montes, we stand ready to provide you with representation for all your family law needs. We know that this time in your life may be overwhelming, and advancing across the legal hurdles you may encounter is important to you.
Contact us today to learn more about guardianships, and determine if establishing one may be right for you.
