An Attorney Counseling Clients In Matters Of Minor Guardianship
Kids need constant care and guidance, and their biological parents are not always in a position to provide it. In such cases, the law authorizes guardians to fulfill this important role on a short-term or long-term basis. Unlike adoption, which typically severs the bonds between a child and their biological parent(s), guardianship can be a way to maintain this bond while ensuring that the child receives proper care.
Seeking guardianship is sometimes a complex legal process, and it can be very helpful to work with an experienced attorney. In Holland and surrounding areas of Michigan, you can find the help you’re looking for at Kendra Ortega, PLC.
Types Of Guardianship In Michigan
There are a few different types of minor guardianships under Michigan law. These include:
Limited guardianship: A parent can give permission for someone to act as a guardian for a period of time. Both the parent(s) and the guardian(s) must draft a limited guardianship placement plan and receive court approval. The agreement would cover issues like the reason for the arrangement, the length of guardianship, financial support for the child, and a plan for how the parent and child can remain bonded during this time.
Temporary guardianship: A court can appoint a temporary guardian if there is evidence that a child’s safety or well-being is at risk. Temporary guardianship typically lasts about six months and can only be granted after a court hearing.
Full guardianship: Someone serving as a full guardian will have nearly all of the responsibilities and authority of a parent. Such an arrangement would be used in cases where the biological parents’ rights are terminated or they are unable or unfit to care for their children (due to incarceration, mental incompetency, etc.). If a biological parent has allowed their child to live with someone else but has not agreed to a limited guardianship, the caregiver can petition the court for full guardianship in order to gain the decision-making authority to provide proper care for the child.
Guardians can also receive child support from a parent who has the ability to pay support. Government assistance is also available for the guarded children. Many programs will not count the guardian’s income when determining benefit eligibility.
Discuss Your Rights And Legal Options With An Attorney
If you are interested in learning more about filing for guardianship of a minor, contact Kendra Ortega, PLC, to discuss your options during an initial consultation. The firm is based in Holland and serves the surrounding areas of Michigan. To get started, contact attorney Ortega online or call 616-369-7566.