![]() Sometimes children have a number of people clamoring to act as their guardian and the court may appoint an attorney to act on behalf of the child to make recommendations to the court on the child’s best interests, including an analysis of the best choice for appointment as guardian. If the unfortunate circumstance occurs where a parent has died before appointing a guardian for their child, the decision will be based on what courts think will be in the best interest of the child. Courts will typically appoint the guardianship to someone over the age of 18 and who has never been convicted of a serious crime. To be selected as guardian, the parent will typically nominate someone, and they must get approval from the court.Īccording to Michigan Child Welfare Law, anyone can be appointed as a guardian. This is primarily so that the courts can monitor the child more easily. Most court findings will have the child appointed to a family member who lives in the same state as the child. Legal guardians are typically entitled to compensation, either through the state or, depending on the circumstances, from the parent’s income or their will or trust. This responsibility will continue until the child has turned 18 years old. They must fill out the appropriate paperwork and acknowledge that they are not only willing to take on this role but can also support the child financially and emotionally. ![]() Legal guardians are recognized by the court as responsible for the child. A second court hearing will occur to determine the possibilities after a certain period, often after six months. If parents are unable to parent due to their own mental or physical challenges (including drug/alcohol abuse), the court may allow time for them to show a change in behavior and sustainability to have their child returned to their watch. Temporary GuardianshipĪgain, depending on the circumstances, the court may order a temporary guardianship due to any number of situations. This is typically appointed to aunts, uncles, or grandparents, but occasionally circumstances allow non-relatives to be selected as official guardian. Essentially, full authority over the child includes responsibility for financial, legal, and personal affairs. If the court orders full guardianship, you will have complete responsibility for the child and any decision-making. Please note that guardianship is not to be confused with custody over the child which only pertains to exist between the parents. There is more to just taking over the care of a child as there are legal responsibilities such as school enrollment and medical care. Occasionally there is willful abandonment of a child. The most common legal guardianship cases are caused by illness, death, or incarceration. To understand what it means to be a legal guardian of a child, we have broken it down into a few key details that you should know. The situations can vary, but it is a serious commitment no matter what. Becoming a legal guardian can mean several things, and it depends on what the situation is for you to become one.
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