In legal terms, a guardianship is when an adult is put in charge of the well being of another person who is deemed to be legally incapacitated in circumstances including advanced age, illness, mental deficiencies, and also in the case of minor children. When they have no one to care for them, it may be necessary for a court to appoint one or more adults to assist that minor with their personal and financial issues. These people are appointed by the courts to provide for the minor’s best interests and are known as guardians.
Guardianship & Divorce
In the case of divorce, guardianship may be given to a step parent, especially if the biological parents are found to be unfit. In other cases, they may voluntarily give up custodianship to the guardians. The guardian can be a step parent, family member, grandparent, or other person close to the child. Many situations can arise in which someone other than a parent is given the role of guardian by the court. These include but are not limited to:
- When a minor’s parents are deceased
- When a minor’s parents are incarcerated
- When a minor’s parents rights are terminated
- When a minor’s parents are deemed unable to care for the child for reasons that include physical or mental illness – which can include a drug addiction or substance abuse issues
- A minor may also be placed by a parent to a guardian for purposes such as arranging medical care or enrolling the child in school.
Parents can also assign a guardianship for their child through a will or other binding legal document whose purpose is to care for the child in the event of their death. When the parent of a child does not designate a guardian in the event of a tragedy or divorce, they may be chosen by the court. In some cases when the child is above a specific age, they may be asked to choose their own guardian who would be subject to court approval.
Beaumont Guardianship Lawyer
Obtaining guardianship of a minor can be a considerably arduous process during a divorce or other family tragedy. Our firm can help you understand your options in all guardianship situations, including the possibility of forced termination of a biological parent’s parental rights should they prove unfit to care for the child.
If you or someone you know has questions about being appointed as guardian to a child before, during, or after a divorce, it is important to obtain the counsel of an experienced lawyer. Our firm can handle all matters related to your guardianship case from gathering data on the best interests of the child to