What to do when you have guardianship over your child’s custody
You may not know what guardianship is, but there are a lot of misconceptions about it.
The first misconception is that it’s a court-appointed arrangement that involves the children’s parents.
In most states, guardianship only applies to a parent’s primary caretaker, so a parent with an older child is still the guardian.
It doesn’t mean that a child has no rights.
The Supreme Court of the United States in a 1986 case called Kitzmiller v.
Davis recognized that children can have “the most powerful influence on the decisions of the court,” and in other cases have “significant parental responsibility for the welfare of their children.”
This is why a child can be given the opportunity to make a decision without the guardian’s input.
The second misconception is what happens when a child is in guardianship.
In these situations, the court will consider the childrens needs, but will not grant parental visitation rights or other rights.
For example, if a child needs an urgent check-up and needs to be held in a hospital, the hospital can’t intervene unless the child has a guardian present.
In some states, children can be released to guardians if they’ve been placed in a group home or the state adopts them as an adult.
However, in many cases, a court will still need to make the final decision.
There are other types of court decisions, too, including the custody of childrens’ parents.
Some states require the children to live with their parents for certain types of reasons, such as domestic violence.
In other states, a parent can be able to use visitation rights to try to get the child to leave the home.
But even with these types of restrictions, a child in guardians’ care is still a child.
There is no set number of children a parent has, but most states have a maximum of five children.
As long as the parent remains a custodial parent and a parent in guardians care is a minor, the state can’t change the number of guardianships a parent may have.
The third misconception is the court system’s role in family disputes.
This includes custody disputes between parents.
But the courts will usually look into the children in the custody dispute and decide what should happen, not what the parents should do.
In cases of child abuse, children are not considered parents until a parent is removed from the home by the court.
So in custody disputes, a judge will look at the children and make an independent decision, and not the parent.