CO-GUARDIAN: A grandparent or family member can also become a co-guardian if the child has only one parent. Being a co-guardian means sharing the legal responsibility of caring for the child with the only remaining parent. As with guardianship, the probate court grants co-guardianship after an investigation and a hearing by the DCF. The law only allows grandparents to intervene if they have had significant contact with their grandchild in the past. It must also be shown that the current living conditions may cause significant physical or mental harm to the child. ** KINSHIP FUNDS – There are two funds for income parents who have been granted guardianship of a parent`s child by probate court or superior court in Connecticut. More information about the programs can be found here: www.ctprobate.gov/Pages/Kinship-and-Grandparent-Respite-Fund.aspx 1) KINSHIP GRANT provides funds per child per year (with an annual family limit) for children in the care of court-appointed parents. Funds should be used for the child`s needs, such as the child`s health needs, basic needs, enrichment and educational activities, as well as expenses that help children participate fully in school life, such as school clubs and sports expenses, events that mark milestones for the child, such as class photos, graduation fees, and other important events for the child. 2) The RESPITE GRANT provides funding per family per year to directly benefit guardians. Funds may be used for rent, rent deposit, furnishings, utilities, food, transportation and other expenses that the court deems appropriate. Grandparents often take custody of their grandchildren to legally obtain medical care for the child or to remove the child from a difficult or dangerous home.
State courts with jurisdiction over custody and family matters grant guardianship when certain circumstances of neglect, abuse or dangerous conditions in the child`s life are proven. While it is generally preferable to apply for guardianship with the advice and support of a lawyer, grandparents can make such an application directly to the courts themselves if they cannot afford a lawyer. If you find yourself in this situation, you may (naturally) want to intervene and agree to take care of your grandchild. If you do, it`s important to understand that if you don`t take additional steps, you won`t have legal authority over the child. Not only can the parent decide to remove your grandchild at any time, but you may also have problems with things like enrolling the child in school or agreeing to medical treatment. To be appointed guardian of your grandchild, you must live in the United States and have no criminal history of child abuse or neglect. In Massachusetts, if the child is over 14, the judge will appoint a guardian chosen by the child, unless he determines that it would not be in the best interests of the child. Guardianship of minor children is the legal granting of limited rights and obligations in the care and maintenance of children.
This does not necessarily imply the forfeiture of parents` rights (although this is possible). Guardianship grants the caregiver the formal and legal right to provide for the child`s basic needs, including housing, food, clothing and education. The child`s guardian and grandparent then have the power to make decisions about the child`s life and future, including medical decisions. How do I get guardianship of a grandchild? Oklahoma`s custody laws include a procedure for awarding custody to grandparents. This can only happen in a certain context of detention. Guardianship gives you responsibility for the physical needs of your grandchildren. As a guardian, you have the same responsibilities as a parent. You are responsible for the day-to-day care of your grandchildren and have the authority to make all decisions about that care, including: To get guardianship of your grandchild, you must file an application with the court.
The application must address the child`s situation and why a guardian is needed. Once the petition is filed, an investigation into the situation of the child and the future guardians begins. The hearing shall be communicated to the parents and all other interested parties. A grandparent or family member may consider adoption if they want to assume full and permanent responsibility for the child and exclude the possibility that the child`s biological parents, if they are still alive, may one day legally intervene. Adoption should not be considered if the child can ever be reunited with his or her biological parents or if the grandparent or a family member can only care for the child temporarily. To adopt a child, the child must be free to be adopted by terminating the rights of the biological parents. Then, an application for adoption must be filed with the probate court with an adoption agreement. DCF will investigate and determine if the applicant would be a good adoptive parent. If the child is 12 years of age or older, he or she must also accept the adoption. PROVISIONAL DUTIES FOR A GRANDCHILD OR OTHER DEPENDENT RELATIVE: An application must be filed with probate court and a hearing is usually granted within 30 days. Prior to the hearing, a social worker from the Department of Children and Family Affairs (DCF) (www.ct.gov/dcf/) will speak to the grandparent or parent and conduct a home visit. If the social worker tells the court that DCF believes the custodial parent can take care of the child well, the court will likely appoint her as the temporary guardian.
Interim custody remains in effect while DCF conducts an investigation to determine whether the parents should be removed as guardians and whether the applicant grandparent or a guardian appointed in their place. Guardianship can only be established by court order, so to get guardianship over a child or adult, you must file an application, even if a child`s parent has already agreed to grant guardianship. This process is usually conducted in probate court in the county where the potential district resides. The forms are available on your local probate court`s website or at the clerk`s office. Once the application is filed, the ward is served and the court schedules a hearing to determine whether guardianship is necessary or appropriate. Evidence, such as a medical examination, is required for adult guardianship. Guardianship of a child requires proof that the child is in need of supervision or care. Grandparents can apply for a position of superior curatorship through the court. If the court grants curatorship, the grandparents have full legal control over the minor child or children. This includes determining where the child lives, attends school, religious instruction and medical decisions.
To become the legal guardian of your grandchild, you must apply to the competent court. If you are applying for guardianship of a minor child, the child`s parents, current guardians, anyone with whom the child has lived in the past 60 days (except foster parents) and the child if over 14 years of age must be informed. Notice must also be given to the Department of Children and Families if they have custody of the child and to the U.S. Veterans Administration if the child is eligible for VA benefits. Since every guardianship case requires individual attention, you need someone of compassion and experience who has dealt with these sensitive issues before. Contact Karpenski & Shmelkin to schedule a consultation today at (508) 231-5765 and let us help you resolve your guardianship issues. A copy of the petition must be sent to children (if they are over 14 years of age); their parents and all adult siblings. The court must determine whether the placement of guardianship is in the best interests of the child, the same standard used in custody cases.