Helping Clients With Guardianship Matters In Georgia
When parents of minor children divorce, one of the most important decisions that will have to be made is who will have child custody. It may be that just one parent gets legal custody, or both parents may have joint legal custody. These decisions are finalized through the court system. Having legal custody basically means that the person or persons who have legal custody are responsible for the care and welfare of the child, including food, clothing, shelter, medical treatment, and education.
In some cases, circumstances arise in which the parents are incapable of taking proper care of the child, possibly due to economic factors or even illness. Or the legal guardians (parents) are missing for one reason or another. They could have died or been incarcerated, for example. These situations and others like them may make it necessary for the probate court to appoint a guardian for the child. A guardianship attorney in Gwinnett County is crucial in helping to ensure the child is taken care of, whether by the parent(s) or a guardian.
What Is A Temporary Guardianship?
There is also the circumstance where the child’s guardians (natural parents) grant temporary guardianship to another who has physical custody of the child. This also goes through the probate court, and the natural parent(s) must either put in writing their wish for this or receive legal notice from the court of the proceedings. During this temporary guardianship, the guardian has all the rights and responsibilities that the natural parents had. A temporary guardianship does not permanently terminate the rights of the parents. Further, if the natural parents do not agree to the temporary guardianship, usually the court cannot enforce it. There are some special circumstances where the court can decide on a temporary or permanent guardianship of a minor.
If the minor’s parents are no longer living and they did not appoint a legal guardian in their wills or it has been shown that the parents have been abusive or neglectful of the child, then a guardian may be appointed by the court, even if the parents protest. Anyone seeking guardianship, especially of a minor, will likely have to pass a background check before it is granted. Again, you should consult an attorney in Lawrenceville and surrounding Gwinnett County who is an expert in custody and guardianship matters to be sure your rights are preserved and that the interests of the minor are being taken care of. More and more often, grandparents are seeking to obtain guardianship of grandchildren. In today’s society, sadly, there are an increasing number of parents who are serving time in jail or prison.
The divorce rate is also rising. Temporary or permanent guardianship by the grandparents is a legal option for minor children, rather than placing them in the foster care system. As a note, guardianship also pertains to adults. As baby boomers in increasing numbers are approaching that time in which they are aging and living longer, the number of people who are unable to take care of themselves is increasing as well. Rising costs may prohibit these individuals from settling into retirement centers. Dementia, Alzheimer’s or other crippling physical and mental conditions may make it necessary for other adults to take on the responsibility of protecting and taking care of them. A guardian would be responsible for making decisions on their behalf, especially concerning their health and caretaking.
Contact A Gwinnett County Guardianship Lawyer Today
Issues of divorce, child custody and guardianships commonly include high emotions and stress. These are reasons enough to consult an experienced attorney to help sort out the relevant factors that lead to the best outcome possible for parents and minor children.
Fox Firm, P.C., serves Lawrenceville and Gwinnett County. To learn more about guardianships, contact the firm online or call 770-341-4882 today.