When the parents of a minor child are no longer able to care for the child, a child guardian may need to be appointed. This guardian might have any and all rights that the biological parent have, but taking on this responsibility is not for everyone. To learn more about the issue of guardianship, read on.

What is a Guardianship?

You cannot just assume guardianship over a child, even if the parents expressly ask it of you. For the guardianship to be legal, it has to be approved by a family court judge. A guardianship can be for a limited time period, or it can cover a specific event. For example, a single parent might appoint a guardian to care for a child while they are incarcerated. The guardianship might end when the parent is released from prison, as long as the parent can legally do so (some incarcerated parents can permanently lose their parental rights, depending on the crime they were convicted of).

What Does a Guardian do?

A guardianship does not have to be an "all or nothing" proposition. Unless the courts have stripped the biological or legal parents of their rights, the guardian may have limited powers. Each guardianship agreement is unique. For example, you might be responsible for ensuring that a child attends school, gets medical care, and that the child gets fed nutritious meals. Those responsibilities may not include being responsible for paying for the child's expenses, however. On the other hand, if you are given full guardianship, the parents will have no financial responsibility for the child whatsoever.

How to Assume Guardianship

The process to be appointed a guardian depends on whether or not the parents are requesting it or not. In those case of a parent requesting it, a hearing will be scheduled and the judge will make a decision. If a guardianship addresses the best interests of the child, it will likely be granted. The guardian, however, must be of good character and fit to take on the role. A criminal history, advanced age, bad health, and other issues may cause the judge to deny the guardianship petition. If a parent has been stripped of their rights, you won't need their permission to be a guardian. The judge will still evaluate your fitness to take on the job, however.

Not just anyone is suitable for a guardianship. It helps if guardians are closely-related to the child, know them well, and are parents or grandparents themselves. Speak to your family law attorney to learn more about the guardianship issue. Companies like Williams Law Group, LLC. can help.