Guardianship is an often-understood area of law. Contrary to what some believe, it's not the same as adoption. Even under guardianship, parents have parental rights. Courts can also end guardianships or provide supervision.
Understanding Guardianship
When a child is placed under guardianship, someone other than their parents becomes responsible for their care. The guardian can be a relative, such as an aunt or grandparents. Or, they can be family friends or a court-appointed stranger.
Whatever the case, guardians become responsible for providing food, shelter, protection, medical care, and more. The guardian may also make decisions on the child's behalf and manage their estate.
The best guardianship lawyer NYC has to offer can help you navigate the complexities of the law. Whenever a child is involved, it's essential to seek help from an experienced attorney who understands NYC guardianship laws and all they entail.
Reasons for Guardianship
There are many reasons why guardianships occur. Generally, they are necessary whenever a parent can't care for the child. It has nothing to do with love or the child and parents' relationship. In many cases, these arrangements happen despite a parent's dedication.
It all comes down to what's best for the child.
Physical or Mental Illness
When parents are dealing with extreme mental or physical illness, they cannot dedicate time and resources to the child. Guardianships ensure that the child receives adequate care while the parents recover. These arrangements are usually temporary.
Drug or Alcohol Abuse
The home environment often becomes unsafe if the parent deals with drug or alcohol abuse. Guardianships are a way to protect the child from these environments, and they're usually court-ordered.
Rehabilitation
Rehabilitation is an excellent step in the right direction, but parents must spend significant time getting better. Guardianships ensure that they are adequately cared for until the parents get help.
Child Neglect
Unfortunately, guardianships can also occur when Child Protective Services come into the mix. If parents have a history of abuse or neglect, courts order guardianship to get them out of the home.
Military
Sometimes, parents must fulfill their military duties overseas and cannot stay home with their children. In this case, a guardian will have the legal responsibility for the time being.
Incarceration
Finally, guardianships often occur when parents go to prison. The best guardianship lawyer NYC has to offer can help incarcerated parents make these arrangements for the child's best interest.
Author Resource:-
Mark writes often about estate planning. His articles may include topics like real estate closing attorney and business succession laws to help the people in needs. You can find his thoughts at elder law blog.