Considerations to Make Prior to Entering into a Guardianship

In a perfect world, parents would be able to provide for their children with support from friends and family. As we all know, though, the world is far from ideal. Often, parents are incapable of caring for their children, whether it be due to substance abuse, domestic violence, poverty, or incarceration. When this happens, somebody else must step in to raise these children.

Quite frequently, family members step forward to help out. Yet, without a legal relationship in place, these individuals may be limited in the care they can provide to the children they take in. This is why a guardianship can prove beneficial. Before deciding to take the plunge into guardianship, however, individuals need to consider a number of things.

First, they must think about whether they want legal responsibility for the child in question. By agreeing to serve as a guardian, an individual takes on the same legal responsibilities as a parent. In addition, a guardian has to maintain certain records and report to the court. They must consider how guardianship will affect family dynamics. Sometimes, parents don’t want to consent to guardianship, which can cause familial strife. Serving as a guardian can also be draining emotionally and financially, which must be carefully thought out, especially since guardianship can last for a significant period of time.

Guardianship carries a lot of responsibilities, but it can also be immensely rewarding. While creating a guardianship can sometimes be easy when all the parties are in agreement, they can also be hotly contested when parents think they are perfectly capable of caring for their children. The termination of a guardianship can likewise be full of conflict both in and out of the courtroom. Those who are confronting guardianship issues may, therefore, want to work closely with an attorney who can help protect their interests.

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