Some children are in situations where their biological parents cannot care for them, but they are unavailable for adoption. In this scenario, an adult can petition the court to request custody of the child until they reach adulthood.
Types of Guardianship
- Permanent Guardianship, where the biological parents cannot care for the child and one or two individuals (called “co-guardians”) seek to gain legal custody for an indefinite amount of time.
- Kinship Guardianship, where the individuals seeking to gain custody of the child are family members.
- Standby Guardianship, this type of guardianship is put in place by the judge but does not take effect until certain conditions are met. Often, a standby guardianship is put in place by parents who have medical conditions or diagnoses that will interfere with their ability to care for their children.
We provide all the legal services necessary to complete a guardianship, including:
- Advice on which type of guardianship
- Application for guardianship subsidy when available
- Required service upon biological parents
- Required notice upon biological parents who cannot be located
- Notice to other state agencies as required, i.e. Juvenile Office or Children’s Division
- Termination of Guardianship