Consult a Grandchild Guardianship Attorney To Help Secure Your Grandchild’s Future
Birth parents are the natural guardians of their children. This means that they have the automatic legal right to make important decisions for them, and are responsible for their care. Sadly, in some cases, parents are unable or unwilling to look after their child. If you are the grandparent to a child in this scenario and want to become your grandchild’s primary caregiver, grandchild guardianship may be an appropriate legal solution for you. Grandchild guardianship can empower you to make important decisions for your grandchild and assume a central role in their care, so that you can ensure they are being raised in a stable, safe, and loving environment, and that their best interests are protected.
The grandchild guardianship attorneys at Astor Simovitch Law have helped grandparents across Florida to successfully file for guardianship over their minor grandchildren. Our experienced team is here to guide you through every step of this complex process and will provide you with compassionate legal support and advice as you assume responsibility for your grandchild’s care. If your adult child is neglecting your grandchildren and you don’t know how to intervene, our trusted legal team is here to help.
What Is Legal Guardianship?
Guardianship is a special kind of legal relationship in which one person (the guardian) has the right (and responsibility) to make certain important decisions on behalf of another person (their ward). There are many different types of guardianship arrangements, each designed to cater to the particular needs of the ward. Adult guardianships may be established when an adult person has lost the capacity to look after themselves and manage their personal affairs. Minor guardianships, on the other hand, are used in circumstances where a minor child’s parents have either abandoned them or are no longer able to care for them, for example, as a result of severe mental illness or substance abuse. Grandchild guardianship is a very common type of minor guardianship.
Whereas adult guardianships may be limited, giving the guardian power to make certain types of decisions only (such as medical or financial decisions), minor guardianships are typically plenary. This means that the minor’s guardian will have the legal power to make a wide range of decisions for them, including decisions about their medical treatment, finances, schooling, where they reside, and so on. In other words, the guardian will be empowered to make any decision for the minor that the minor’s parents would ordinarily have been able to make. Minor guardians are generally responsible for providing sustenance, shelter, education, guidance, care, and support to the children who are their wards.
What Is Grandchild Guardianship?
Although grandchild guardianship involves caring for a minor and essentially stepping into the shoes of their parent, it is important to understand that it is not the same as obtaining custody over a child or adopting a child. In grandchild guardianship arrangements, the child’s birth parents retain parental rights in respect of the child. Grandchild guardianship can also be terminated if the child’s parent recovers and is able to look after them again.
The grandchild guardianship attorneys at Astor Simovitch Law frequently advise clients who wish to become their grandchild’s primary caregiver to consider petitioning for a guardianship appointment. Guardianship is often preferable to seeking custody or filing for adoption, as it is a comparatively simpler and less time-consuming process that allows grandparents to take over their grandchildren’s care in a relatively short timeframe.
When Can Grandparents File For Guardianship Over Grandchildren?
In Florida, grandparents who wish to become the legal guardians of their grandchildren must file a petition with the court, as all guardianship appointments are court-supervised processes. Unless the child’s parents agree to the guardianship petition being granted, your petition will need to demonstrate to the court that the child’s parents are either unwilling or unable to care for them. This may involve proving that the child has been abandoned by their parents or showing that their parents are unfit to look after them due to mental incapacity, extreme financial hardship, addiction, or similar circumstances. An experienced grandchild guardianship attorney will be able to help you collate the necessary evidence to show this is the case.
When deciding whether or not to grant your petition for guardianship, the court will be guided by what is known as the ‘best interests of the child’ standard. If the court deems that it is in your grandchild’s best interests to be cared for by you instead of their parents, it will grant the petition.
The Grandchild Guardianship Appointment Process
Each guardianship appointment process is unique and may present its own particular hurdles and complications. However, generally, all guardianship appointments involve the following three stages.
Filing a petition
To be appointed as your grandchild’s guardian, you will need to file a petition formally referred to as a ‘Petition for Appointment of Guardian of a Minor. The child’s parents must be given notice of the petition, unless you decide to apply for temporary emergency guardianship, which is a short-term guardianship appointment that may only be applied for in emergency circumstances. The petition must clearly establish why it is in your grandchild’s best interests that you be appointed as their guardian, and must also establish your own suitability for appointment (for example, you must demonstrate that you do not have a criminal history).
Court hearing
Once the petition has been served on all interested parties, a court hearing will be scheduled. At the hearing, you, your grandchild, and the child’s parents will have an opportunity to make legal representations to the court. It is crucial that you have a reputable grandchild guardianship attorney representing you in court, where you will need to make a convincing case for your appointment and be well prepared for any questions the court has concerning your suitability.
After appointment
If you are successfully appointed, this will not be the end of the process. All grandchild guardianship arrangements, like other guardianships, are supervised by the courts on an ongoing basis. This means that guardians must report to the courts regularly to demonstrate that they are complying with their duties as guardians and taking proper care of their ward. If a guardian is not complying with their duties, their guardianship appointment may be terminated.
How Can A Grandchild Guardianship Attorney Help You?
The guardianship appointment process can be overwhelming for grandparents. Making sense of the legal criteria, navigating court bureaucracies, and ensuring compliance with procedural requirements can be very challenging if you are not legally trained. If you are considering applying for guardianship over your grandchild, it is strongly recommended that you consult with an experienced grandchild guardianship attorney to give your petition strong chances of success.
Your attorney will consult with you in detail to gain an understanding of your grandchild’s circumstances and whether guardianship would be an appropriate legal intervention. They will meticulously prepare your petition, ensuring that it makes a convincing case for your appointment and is accompanied by relevant evidence. They will make legal representations on your behalf at the hearing and help you to answer any questions the court poses about your appointment. Throughout the process, they will liaise with court officials, take care of any logistical arrangements, and manage correspondence with the parents’ legal representatives. Once you have been appointed, they will advise you on your rights and duties as guardian and will ensure that you comply with your reporting obligations to the court.
Leading Florida Grandchild Guardianship Attorneys Are Here To Protect Your Grandchild’s Best Interests
The compassionate team of grandchild guardianship attorneys at Astor Simovitch Law understands that watching a beloved grandchild suffer neglect or abandonment can be incredibly difficult. That’s why we’re committed to providing you with exceptional legal support as you navigate the complexities of guardianship appointments. We will help you thoroughly explore all your legal options, so that you can enjoy peace of mind that you are making a decision that is in your grandchild’s best interests. We take care of every aspect of the legal process, from drafting your petition to forcefully arguing for your appointment at the hearing, giving you more time to focus on ensuring that your grandchild receives the love and care they deserve.
For attorneys who take securing your grandchild’s future as seriously as you do, contact our practice today at 561-419-6095.