Generally, it is the duty and responsibility of every parent to take care of their children. However, in certain cases, parents are unable to fulfill their obligations and can no longer provide the care that their children need. In such circumstances, parents can apply to gain legal guardianship for their children.
Legal guardianship allows a third party to take the child into custody and provide proper care for them. This person then becomes the legal guardian of the child. Once a person becomes a legal guardian, they will not be able to give up the accountability unless the judge has ruled out that:
- The parent can now take care of their child
- Someone else has volunteered to become the guardian
- The child has turned 18
Terms and Conditions of Becoming a Legal Guardian
- You need to be at least 18 years or older
- You need to be a US resident
- You need to have a stable mental condition
- You must not be convicted of a crime that involves the harming or threatening of a child
Types of Guardianships
Following are the 4 main types of legal guardianships:
- Permanent Guardianship
- Standby Guardianship
- Short-term legal guardianship (there is no need to go to the court to attain this type of guardianship)
- GAL – Guardian ad litem
Permanent Guardianship
A permanent guardian takes proper care of the child and provides adequate food, shelter, education, and clothes along with appropriate medical care. The guardian will be responsible to make crucial decisions for the child including:
- Getting the child enrolled in a school
- Taking them to a doctor
- Providing appropriate medical care
- Applying to claim any public benefits that the child is liable for
- Requesting for services such as special education
- Following the orders that the court has given regarding the child
Standby Guardian
A standby guardian is an individual who takes the responsibility of a child when their parents can no longer provide the care needed by the child. This generally takes place when the parent becomes sick and has a serious illness or dies.
Short term Guardianship
A short-term guardian is held accountable for the child for a short period of around one year or less. The short-term guardian is chosen by the parents and the guardian does not have to go to the court to gain guardianship of the child. Contact an experienced child custody lawyer firm to find out more details regarding this type of guardianship.
GAL – Guardian ad litem
It is the most distinct form of guardianship, as a guardian ad litem or GAL, is a person that the judge appoints to look into the details of a case pertaining to the child.
If you are looking to get out of your troubled relationship and are worried regarding the custody of your child, you can contact a reliable firm providing an experienced divorce lawyer and family lawyer to resolve the case. Firms that will provide you with an experienced child support lawyer can guide you regarding the laws and procedures pertaining to legal guardianship.
In order to get more information or to schedule a free consultation, contact The Fitzgerald Law Firm, P.C. today at (630) 946-6060 to talk to an experienced attorney on this matter.