Showing posts with label Guardianship. Show all posts
Showing posts with label Guardianship. Show all posts

Friday, November 14, 2014

When Does a Family Law Attorney Come in Handy In Guardianship Issues?

Being a volunteer or appointed guardian for someone isn’t as easy as just saying that you’d want to take care of a person. There’s a whole legal procedure involved and if you’re no lawyer, you might not be able to handle it properly.

Minors, mentally ill people, senior citizens are some of the perfect examples of people who need guardians. These people may not have the mental stability or capability to make financial and life decisions on their own, hence, the need for a guardian to guide and care for them accordingly.

If you will assume full guardianship of someone, you will need a family law attorney to handle your case. There are several benefits of having a lawyer at your side. Take a look at these:

·         Do the Paperwork. In any legal case, there are so much paperwork needed to be made, documented, and filed. You may not have the time to work through all of them. And that’s not all. You may not have the expertise to draw up the necessary documents needed. A family law attorney is very experienced in making such documents.

·         Contest Custody. Now if you’re someone who wants to contest the guardianship, a family law attorney is helpful too. Perhaps you believe that your cousin isn’t capable of taking care of her child and you want to contest the custody. The lawyer knows how to make the contest document and go on with the legal process.

·         Find a Guardian. Now if someone in the family no longer has the capability to make the right decisions for him or her, you can talk to the guardianship lawyer and let him find the right person to take the responsibility. The lawyer will follow a process of screening to see who will be the best guardian for your relative.

With the health and well-being of a loved one on the line, it is crucial that you find the right guardianship lawyer to aid your cause. Look for a family law attorney who specializes in such cases so you’ll be confident that he or she knows what is needed done.

In families, custody problems can be a big problem. Relatives may continue fighting over it if the proper legal process isn’t followed. Hence, avoid further conflict in the family and put the well-being of your loved one first. Call a lawyer and appoint the right guardian.

Law Office of Kari L. MacDonald, P.A.
634 E. Bloomingdale Ave. Brandon, FL 33511
(813) 655-1075


Sunday, February 3, 2013

Classifications of Guardianship


Guardianship is a process where a person under 18 years old should be in the care of an adult. A guardian is a person who takes full responsibility of the child’s needs and properties before he/she turns 18. Guardianship in simple terms is being a temporary parent and having the right to decide in the child’s behalf.

Types of Guardianship for Minors:
  • Permanent Guardianship- this type of guardianship is done through appointment by the court. In some situations, you are allowed to be in the guardianship program without the need to terminate the parental rights if you are the child’s true parents.
  • Temporary Guardianship- in this case, guardianship implies only in a certain period where the parents of the child are not able to take care of the child due to some reasons such as medical or absence in the area. A temporary guardian works with and does not replace the duties and rights of the child’s parents.
  • Standby Guardianship- this type of guardianship works by the program taking effect upon a certain date or occurrence if a specified contingency or death of a parent. In short, this is a planned situation.
  • Guardian of the Estate of a Minor- guardianship in this case provides the legal care of and control over the financial affairs of the minor. However, only the minor has legal title to the property.
  • Testamentary Guardianship- a parent has the right to appoint a guardian for his/her child just in case an unexpected situation happens or if the parent is not capable of taking good care of the child. However, even if the guardian is appointed by the parent or the court, the guardianship is still under the supervision of the court.
Guardianship is far different from adoption. In adoption, a change of name is a requirement for you to be able to take full responsibility of the child’s needs. However, when court assessed you and your home not conducive for the child’s needs, you will not be given the privilege. Change of name is a long process in adoption and will take a lot of your time and money.



Nancy McRoberts Parham, P.A
210 N. Pierce St. Tampa, FL 33602
(813)228-0219
http://www.femaledivorcelawyertampa.com/

Thursday, November 29, 2012

Caught in the Middle: Juvenile Guardianship after the Divorce


Child custody and support, child visitation, and guardianship issues are the thorniest part of every divorce case because the welfare of our juvenile citizens is the our top priority as a nation. Each state in the country enacted laws to ensure that members of the juvenile population caught in the middle of divorce settlements are protected. In Tampa and the rest of Florida, issues related to child custody and support, child visitation, as well as guardianship are resolved in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.

Child Custody and Support 101

 Putting it simply, child custody refers to the care, control, and maintenance of a minor. Child custody and support laws in Florida dictate who gets legal custody and physical custody of the juvenile. The parent granted with legal custody makes the educational, religious, medical, and disciplinary decisions for the child. On the other hand, the parent granted physical custody decides on where a child will live. Laws on legal and physical custody also apply for adults applying for juvenile guardianship.

Types of Custody Arrangements in Florida

Child custody and support can be awarded to one parent, also known as sole custody, or to both parents also known as joint custody. One parent gets legal and physical custody of a child in sole custody while both parents share legal and physical child custody in joint custody. In cases of joint child custody and support, however, one parent is named the primary joint custodian while the other parent is granted child visitation. This is so the child has a primary residence, school, etc. which are necessary for some legal documents.

Guidelines for Child Custody and Support, Child Visitation, and Guardianship for Kids under the Juvenile Category

Child custody and support laws in Florida include a set of guidelines that must be strictly followed when determining the amount of money allotted to raising a child. Courts generally look at the joint income of the parents, as well as the number of children involved in the case. There are instances where courts allocate parts of the parents’ assets to a trust fund for education or other forms of support to ensure the welfare of the children. Parents are required to pay child support until the child either finishes high school or turns 19 years old.

For more questions regarding child custody and support, child visitation, and guardianship, consult with a family lawyer in your area.

Nancy McRoberts Parham, P.A.
210 N. Pierce St
Tampa, FL 33602
813-228-0219