A guardian is a person who has the legal authority to make decisions on behalf of another person, known as a “ward.” A court may appoint a guardian for a minor child if it finds that it is in the best interests of the child.
There are two types of guardianship: plenary and limited. Plenary guardians have all the powers and duties of a parent, including the authority to make decisions about the child’s education, healthcare, and welfare. Limited guardians have more restricted powers and duties, as determined by the court.
The process of appointing a guardian can be initiated by either the parents or other interested parties, such as grandparents or other relatives. In some cases, the court may appoint a guardian without the consent of the parents.
If you are considering asking the court to appoint a guardian for a minor child, you should first consult with an experienced family law attorney to learn about all of your legal options and to ensure that guardianship is in the best interests of the child.
What Is An Alternative To Guardianship For Minor Children Living With A Non-Parent?
In some cases, it may be possible to appoint a “standby guardian” instead of a traditional guardian. A standby guardian is someone who is appointed to make decisions on behalf of a child in the event that the child’s parents are unable to do so.
The authority of a standby guardian generally arises only if the child’s parents die or become incapacitated. However, the court has the discretion to give a standby guardian authority to make decisions for the child at any time if it finds that it is in the best interests of the child.
A standby guardianship can be terminated by the parents at any time as long as they are both alive and not incapacitated. If one parent dies or becomes incapacitated, the other parent can revoke the standby guardianship.
How Can A Lawyer Help?
If you are considering asking the court to appoint a guardian for a minor child, you should consult with an experienced family law attorney. A lawyer can help you understand all of your legal options and ensure that guardianship is what would benefit the child(s) situation. Call our law office today to schedule a consultation with an experienced family law attorney.
Is Hiring A Lawyer Worth It?
The answer to this question depends on your particular circumstances. If you are considering asking the court to appoint a guardian for a minor child, you should consult with an experienced family law attorney to learn about all of your legal options.
Our attorney can help you understand the process of appointing a guardian and guide you through every step of the process. We can also help you understand the alternatives to guardianship and determine whether guardianship is right for your situation. Contact us today at (774) 366-3711 to schedule a consultation with our knowledgeable attorney.