Adoption Law
Adoption can be a happy event formalizing a living arrangement for children, giving them a forever home. There are many mandates in state and federal law around adoption including a period of co-habitation, consent of biological parents and the child, and establishing that the child is suitable for adoption and the adoptive parent is financially able and morally fit to care for the child.
There are occasions when the less permanent solution of guardianship of a child should be considered. Perhaps a mother or father is struggling with drugs or alcohol or other issues that interfere with their ability to parent. The role of guardian can be undertaken by a family member or friend if a court finds a parent is unfit or when the child’s needs can be better served by another placement, either on a temporary short-term basis or for the longer term.
Guardianship might also be appropriate for adults whose ability to respond to people, events and environment is so impaired that that they cannot meet their own needs regarding health, safety, finances and other needs. A guardian can be appointed on a temporary or permanent basis to with the goal of protecting an individual from neglect, exploitation, or abuse. A conservator might also be appointed with authority to manage income and assets on a protected person’s behalf.
I would be pleased to assist you in understanding the law and moving through the process of insuring that the special people in your life are safe, protected and settled.
Guardianship
Life is complicated. People make mistakes, experience bad turns of luck, or simply find themselves in very poor circumstances. When children are involved, every effort should be made to care for them. If a relative or close friend is unable to care for their child and you want to step in and help them, you may need to apply for guardianship.
Your first move must be to petition the county court. In your petition, you will need to describe and explain the need to be a guardian and the exact parameters of the relationship requested. A hearing will then be scheduled. At that hearing, the judge will reach a decision as to whether making you guardian is appropriate.
Here are some of the options:
1. Limited
Gives you authority over some of the child’s affairs. For example, the court may appoint you to control the child’s healthcare decisions or finances.
2. Temporary
Gives you full control over the child’s affairs for a period of 90 days.
3. Joint
This splits authority between two or more individuals.
4. Full
Non-conditional authority over all the person’s affairs. You will need legal representation when you go to the hearing. In fact, it is best to allow your attorney to speak for you and to answer all the questions the judge may have.
