In a perfect world, a child would be raised by loving, capable parents and a minor would never need to have a legal guardian appointed. We all know, however, that our world is far from perfect. Sometimes parents are not equipped to provide the right care for their children. Sometimes, parents pass away.
Understanding Guardianship and Parental Rights
The guardian of a minor has legal authority to care for the child and make decisions about the child’s upbringing. Parents are the natural guardians of their children. When another guardian is appointed, that means that parent’s rights must be limited or terminated. By contrast, when a court appoints a caregiver, that person shares authority with the parent and the parent’s rights are not affected.
The biological parents can consent to relinquish their rights, but usually what happens is that it is necessary to prove that the parents are unfit to properly care for the child.
Declaring a Parent Unfit
It can be challenging to demonstrate that a parent is unfit to properly care for a child. Courts have declared that parents have a constitutional right to the custody of their children, and anything that deprives them of their rights must meet a high standard.
If you are seeking guardianship to protect a minor child, we will work to show the specific reasons why a parent is unfit to continue exercising parental rights. This could involve:
- Substance abuse
- Domestic violence
- Psychiatric illness
- Neglect or abuse
- Lack of appropriate social functioning
- Failure to provide financial support
- Lack of contact
Generally, it is necessary to show that the parent is not able to adequately protect the child’s welfare or provide for the child’s needs.
Reade Law Firm, PC Can Assist with Guardianship of a Minor
If you want to seek guardianship to protect a child now, the dedicated team at Reade Law Firm, PC can help you achieve your objectives. We know what’s at stake and will advocate zealously on your behalf to ensure the child’s future is protected. Schedule a confidential consultation now to get started.