Parental Guardianship: How It Works

By James Parker
/
November 17, 2021

In most divorce cases, custody will be decided between the biological parents of the children. However, in some cases, it becomes necessary for the court to appoint a guardian over the child. Unlike adoption, guardianship has a unique set of obligations, rules, and limitations that make it useful in certain situations.

Guardianship is the process by which an adult who is not necessarily the parent of a child takes over the role of parent. The first difference that guardianship has over other means of parental-role fulfillment like adoption is that in order to assign a guardian, neither parent has to give up their full parental rights. The child’s parents will usually retain responsibility for providing for the child financially, and may also retain the right to terminate the guardianship. 

In general, a guardian's responsibilities typically include providing for the child's basic needs. These include:

  • Clothing
  • Day-to-day needs
  • Education
  • Food
  • Medical care
  • Shelter

Additionally, if the child has a trust, estate, or other assets, the guardian will be responsible for safeguarding that wealth until the child reaches the age of 18 and takes control of it themself.

Other than through termination, a guardianship can end naturally through the guardian’s resignation, the child reaching the age of majority, a judge determining guardianship is no longer required, or if either part of the guardianship passes away.

If you or a loved one are concerned about guardianship, you will need a divorce & family law attorney. An experienced divorce & family law attorney can help advocate on your behalf to ensure that the children involved end up in the best situation possible. 

The best place to find an expert divorce & family law attorney is Attorney at Law

At AAL, our nationwide network of attorneys and law firms allows us to match you with the best divorce & family law attorneys in your area. Our partners have the resources, legal expertise, and experience to untangle the most contentious divorces and help you get what you are looking for from your proceedings. 

In addition to a distinguished case record, our partners also excel in client care. Custody and guardianship can be stressful. That’s why our partners are committed to keeping clients up to date on developments in their case as well as an evolving plan for the best possible outcomes. 

Don’t wait. Contact AAL today for a free, no-obligation consultation and begin your journey to assert your parental rights.

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