Guardianship of a Child

Legal guardianship can protect a child and a nonparent.

Sometimes, protecting a child means seeking legal guardianship. Childwelfare.gov recommends legal child guardianship when a caretaker needs to assume legal guardianship without terminating a child's or parent's rights. Legal guardianship protects a nonparent from "kidnapping" or "harboring a runaway" charges.

Types of Situations

Lack of housing is one reason a child may need a legal guardian.

Lack of housing, lack of income, medical or mental illness, incarceration--these situations often render a parent unable to care for her child. Legal child guardianship may provide a viable option.

Considerations

Guardianship without parental consent requires a judge's ruling based on evidence.

Getting consent from the parent or parents is important when applying for legal guardianship. "Make sure everyone is on the same page before you apply," advises Aaron Clark, an intake supervisor for Mecklenburg County Court in North Carolina. Clark says obtaining legal guardianship without parental consent is much more difficult. The petitioner must provide proof of parental unsuitability. Without parental consent, it is up to a judge to rule in the best interest of the child based on the evidence provided.

Legal Process

Legal requirements vary state to state.

Requirements for obtaining legal guardianship vary from state to state. Court fees also vary. In North Carolina, a signed power of attorney and court costs are sufficient. In Santa Clara County in California, it costs $182 and must be done according to the rules of the Santa Clara County Superior Court. Childwelfare.gov has a document titled, "Guardianship Information by State" that you can access. You can also contact your local county courthouse and ask for the department that can help you obtain the required paperwork for child legal guardianship.

Hiring a Lawyer

There are situations where a lawyer can help with legal guardianship.

You usually do not need a lawyer to file for guardianship when you have parental consent. However, if you are seeking child support, or your guardianship will be contested, you may want to consider hiring an attorney. Albuquerque attorney Parish Collins says a lawyer will ensure that you use the proper body of law for your claim. Lawyer fees run anywhere from $1,500 to a few thousand dollars.

Child Support

A legal guardian can seek financial help to raise a minor. A child support mandate will have to be written into the ruling. Even if the parents are not able to provide child support, most states can award families temporary aid. The legal guardian is eligible to receive child support payments from the state, no matter how much the guardian makes.

Time Frame

According to the Santa Clara County Bar Association, a long-term legal guardianship for a minor ends when the child turns 18, gets married or is adopted. Legal guardianship can also be awarded on a temporary basis. The court can end guardianship if the legal guardian, the child 12 years or older, or someone else requests termination, and the judge finds it is no longer in the best interest of the child.

References

• Child Welfare Information Gateway: Guardianship
• Jeffrey Bleich: Santa Clara County Bar Association
• Albuquerque Divorce Lawyer Blog: Third Party Child Custody in New Mexico
• Aaron Clark: Department of Children and Families; North Carolina

Resources

• Child Welfare Infomation Gateway: Kinship/Relative Care
• "Custody and Guardianship of Minors"; Kali library of legal aid; 1995