Guardianship of a Minor
Guardianship is a legal term which refers to the relationship between a minor and an adult who isn’t his or her legal parent. It may absolve the biological parents of the child from their legal responsibility to cover the financial needs of their child. Guardianship may be established in cases where the parents decide to split ways and neither parent is deemed fit to raise a child. Child custody is one of the most common and major issues faced by people undergoing divorce or estrangement. According to law, both parents are equally responsible for the well-being and upkeep of their children. But in cases, where neither of the parents can have the physical custody of their child, the court may appoint a guardian.
The eligibility criteria for guardianship
In order to be placed under the watch of guardian, a child must be under 18 years of age and cannot live with his or her parent. Generally, children with special needs or the children in the custody of child-placement agency are placed under a guardianship of close relative or the next best person.
On the other hand, the guardian must have a stellar record. He or she must not have any past convictions of crimes particularly child abuse, rape, drug dealing or any other felonies. Furthermore, the person in question must be known to possess a good and moral character. Moreover, he or she should be in fine mental and physical health and must not be financially unstable.
Guardian ad litem
A guardian ad litem is quite different from guardianship. A guardian ad litem does not have the custody of the child. Instead, the person appointed as a guardian ad litem by the court merely represents the minor in case proceedings in which the minor has his or her interests vested. In cases pertaining to custody, the court might appoint an attorney as guardian ad litem to represent and protect the child’s interests.
When does a guardianship end?
The period of the guardianship ends when the minor turns 18 or in case of guardian ad litem, the guardianship ends as soon as the case proceedings end. The guardianship can also terminated before time on the orders of court.
For more information, or to schedule a free consultation, contact Law Office of Fedor Kozlov at 847-241-1299 to speak with an experienced attorney on this topic.