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Guardianship/Custody
Securing Your Child's Future Through Guardianship
When parents are unable to care for a child, establishing a legal guardianship provides a way to ensure the child's needs are met in a stable, nurturing home. At Chestnut Law Group, our experienced Miami guardianship attorneys help guide petitioners through the complex process to secure court-ordered custody arrangements.
There are various situations where pursuing guardianship may be necessary, such as cases of parental abuse, abandonment, incapacity, addiction or illness. We represent guardians seeking both temporary and permanent custody orders over a child. Our lawyers handle guardianship cases related to deportation, incarceration, and the death of parents as well.
Types of Guardianship
There are a few different types of guardianship arrangements including:
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Temporary Guardianship - Provides custody rights for a limited period. Often used when parents are addressing an issue like substance abuse treatment or incarceration. Learn more about temporary guardianship in Florida.
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Permanent Guardianship - Transfers physical and legal custody of the child until they turn 18 years old. Parental rights like inheritance may remain intact. Get info on permanent guardianship orders.
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Plenary Guardianship - Grants full legal and physical custody on a permanent basis. Used when both parents are deceased or completely unfit. Read about plenary guardianship petitions.
To obtain legal guardianship, our attorneys file a formal petition and represent clients at all court proceedings. We work diligently to gather and submit all necessary documentation, which may include background checks, fingerprints, home studies and statements of financial resources.
Factors Considered for Guardianship
When evaluating guardianship petitions, courts consider factors like:
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The parents' ability to provide adequate care, supervision, and nurturing.
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The child's emotional ties to the potential guardian.
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The proposed guardian's moral fitness, mental and physical health.
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The wishes of the child if they are old enough.
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Any potential impact on inheritance rights.
At Chestnut Law Group, our priority is always securing an arrangement that provides the child with the love, care and stability they need. We understand this is an emotional process, and we guide petitioners through each step with sensitivity and compassion.
If you need to establish guardianship over a child, contact our knowledgeable Miami attorneys online or call [phone] to schedule your consultation. We are committed to protecting children and providing them safe, nurturing environments.
Frequently Asked Questions
When should I consider seeking legal guardianship of a child?
You may want to pursue legal guardianship if the child's parents are unfit or unable to care for them, such as cases of abuse, neglect, abandonment, addiction, or incapacity. Guardianship provides a way to secure custody rights in the child's best interests. Consult an attorney to evaluate your situation.
What are the steps involved in obtaining guardianship?
The guardian must file a petition and participate in a court hearing. Background checks, home studies, financial statements and other documents may be required. An attorney will handle the petition, gather evidence like police reports or medical records, represent you in court, and facilitate the judge's order granting guardianship.
How does the court decide who gets guardianship?
The court will assess what arrangement is in the child's best interests. Factors judges consider include the guardian's relationship with the child, their ability to provide a safe and stable home, and the parents' fitness and objections to the guardianship. An attorney presents evidence to help obtain the judge's favorable decision.
When does a guardianship arrangement end?
It ends when the child turns 18. But the court can terminate it earlier if circumstances change substantially, the parents become fit again, or termination is best for the child's welfare and interests. An attorney can advise you on termination or modifying the arrangement.
What authority does a guardian have over the child?
Unless limited by the court, guardians typically have full legal and physical custody including making medical decisions, enrolling the child in school, and determining their activities and residence. But parental rights like inheritance may remain intact.
Provide the Stability Every Child Deserves
When parents are unable to provide a safe, nurturing home, pursuing guardianship may be necessary for a child's wellbeing. We know this is an emotional decision. The dedicated attorneys at Chestnut Law Group are here to guide you through the process smoothly and compassionately.
Don't go through this difficult process alone. Our legal team will stand by you and be a powerful voice for the child every step of the way. Take the first step and contact us online or call [phone] to schedule a free consultation today. Providing stability and love for a child is so important.