What does it mean to have guardianship of a grandchild?

Guardianship is the term used for legal custody in some states, while guardians in other states have additional rights, including the right to name someone else to care for a grandchild in the event the grandparent becomes unable to carry out those duties. Generally, a parent retains visitation rights while the child is under guardianship.

Who is the legal guardian of a child?

In the example of a child celebrity as used above, the Guardian of the Person might be the parents while an accountant might be given the title of Guardian of the Estate. Plenary Guardianship is perhaps the closest legal definition for the rights and responsibilities that are naturally assumed with parenthood.

What are the different types of guardianship for children?

In its broadest interpretation, the term “guardian” is used to refer to parents, whether biological or adoptive or other legal custodians of children. However, there are actually several different types of guardianship, some of which can be awarded while the parental rights remain in tact.

Can a court change the Order of guardianship?

Courts do however have the power to alter this. A Court may make any order it deems fit regarding guardianship. It may for instance award guardianship or sole guardianship to either parent. If a court grants sole guardianship to one parent, that parent becomes the child’s only guardian to the exclusion of the other one.

Can a parent have custody of a child under guardianship?

Generally, a parent retains visitation rights while the child is under guardianship. Adoption is the most permanent arrangement that can be made between a parenting grandparent and their grandchild.

When do you need a guardianship for Mom?

Real property or investments have to be sold. Even if mom has signed a power of attorney, there may be instances where a guardianship is still required. Depending on the laws of your state and the type of power of attorney mom signed, you may have to have a guardian appointed in order to sell mom’s home or other investments.

What are the pros and cons of grandparent guardianship?

Subsidized guardianship keeps children out of an overburdened foster care system and keeps grandparents from having to qualify as foster parents. In some situations, grandparents may opt to become foster parents, but in other cases, they may have difficulty being accepted by the system. Learn more about the pros and cons of grandparent foster care.

Can a grandparent take care of a minor child?

Grandparent, Grandchildren, and the Law – Child Custody, Care and Guardianship The caregiving of minor children is in principle, supposed to be the joint responsibility of both parents. It took two parents to bring the child into this world. However, equal sharing of the responsibilities is not always the case.

Why are grandparents afraid to legalize their relationship with their grandchildren?

Grandparents frequently balk at legalizing their relationship with their grandchildren because they fear the reaction of the children’s parents. Grandparents may fear to cause a permanent rift between themselves and an adult child, no matter how dysfunctional that child may be as a parent.

What does it mean to be a guardian of a minor?

Guardianship of minors pertains to a legal relationship between a minor child and a guardian that gives the guardian certain rights and obligations regarding the child. A guardianship doesn’t sever the legal relationship that exists between a child and his or her biological parents, however.