Before a guardianship hearing can be held, several legal procedures must be completed, including filing court documents. There is no requirement for legal representation. Completing the necessary court paperwork and “notifying” all relatives can be time-consuming and labor-intensive. Furthermore, the vast majority of us have flaws.
The required notification formats and procedures are highly complex. Returning to court to resolve your case will take longer, so follow the instructions to avoid this. Having a Florida guardianship attorney on your side can be especially beneficial if one or both biological parents oppose the guardianship.
What’s the procedure for establishing guardianship of a child?
Formal documentation is needed to become a child’s legal guardian. To become a legal guardian, you must submit a petition and filing fee. A consent letter from the child’s parents is also required.
When the court receives your petition, it may schedule hearings with you, the child, the child’s parents (if they are present), and any other parties involved. In certain situations, the court can order a home inspection. Typically, a candidate’s criminal history for guardianship will also be examined.
The court will issue an order establishing guardianship after it has approved your petition for guardianship. Go to your local government’s website to find out what to do. Some of these websites offer court forms that can be downloaded, completed, and returned.
What does being a “legal guardian” mean?
The person appointed by the court to care for a minor is known as the legal guardian. They have the legal authority to make significant decisions about their child’s upbringing, such as school, medical care, and extracurricular activities. Furthermore, they are legally responsible for the child.
How do I become a child’s guardian?
A guardian has legal custody of a child but is not that child’s biological parent. The parents may appoint you as the child’s guardian in their will. An official database would then be updated with this label. They can also name a guardian or other responsible party to take custody of their child if they die. In addition, the court may appoint you as a guardian.
How long does a guardianship last?
If a minor has a guardian appointed by a probate court, that guardianship will remain in effect until the minor turns eighteen or until the court terminates the guardianship.
How long does it take for the court to grant a guardianship?
Once submitted, the processing of guardianship applications could take four months. The time it takes to become a guardian depends on how quickly notice is given to family members and how long it takes the court to investigate whether it is necessary.
Who financially supports a child under guardianship?
Unless a court orders otherwise, the child’s biological parents are responsible for their support (which is rare in guardianship situations). However, in reality, the guardian provides financial assistance. A minor’s legal guardian may apply for financial aid, such as welfare and Social Security.
All funds given to a legal guardian must be used for the minor’s benefit. Depending on the amount in question, the court may order the guardian to submit periodic accountings of money received and disbursed on behalf of the ward.