Navigating Complex Guardianship Issues
Guardianship cases can present unique challenges, and our skilled attorneys at Provinziano & Associates are prepared to tackle even the most complicated situations. Some common challenges in guardianship cases include disputes between family members or interested parties, ensuring the proposed guardian meets the legal qualifications, addressing concerns about the child’s best interests, and complying with court procedures and timelines. Our attorneys help clients navigate these issues and manage ongoing reporting and supervision requirements.
Guardianship Responsibilities and Powers
A guardian assumes many of the responsibilities and powers of a parent in order to protect and provide for the child. As a family law attorney, we can help you understand the extent of these powers, which may include:
Making decisions about the child’s education and medical care
Providing for the child’s physical, emotional, and financial needs
Managing the child’s assets and property
Deciding where the child will live
Ensuring the child’s safety and well-being
Parental Rights and Guardianship
When someone else is granted guardianship, the parent may still retain some rights and responsibilities. A family law attorney can help you understand these rights, which may include the right to visitation as determined by the court, the right to petition the court to end or modify the guardianship, the responsibility to financially support the child, and the right to be involved in major decisions affecting the child as determined by the court.
De Facto Parents and Unfit Parents: Legal Distinctions
De facto parents and unfit parents are distinct legal concepts that can impact guardianship cases. De facto parents are individuals who have acted as a parent, providing care and support for the child, even though they are not the child’s biological or adoptive parent. In some cases, de facto parents may have legal standing to seek guardianship or visitation rights. A family law attorney can help you understand your rights as a de facto parent and guide you through the process.
On the other hand, unfit parents have been found by the court to be unable or unwilling to provide for their child’s basic needs, resulting in potential harm. Unfit parents may lose custody or have their parental rights restricted or terminated. Our experienced attorneys can help you understand the legal distinctions and navigate the complexities of these situations.
The Secret to Our Success
It’s important to understand that guardianship is a form of custody litigation in probate court. Our deep understanding of child custody cases provides a unique insight that helps our clients achieve successful outcomes. Historically, we have had a success rate of 99.95% over the last 19 years spanning approximately 200 guardianship cases. (Past case results and client reviews are atypical. The information on this website does not constitute a guarantee as to a result.)
Get in Touch with Our Experienced Attorneys
If you are facing a guardianship matter and require expert guidance, don’t hesitate to reach out to our team. We invite you to call us or schedule a case evaluation, so we can help you understand your options and work together to find the best path forward.
Contact Provinziano & Associates today and let our expertise work for you.