Is a guardianship the right choice for you?
A guardian is someone who is chosen or appointed by the court to make legal decisions for another person who is unable to make those decisions on their own. Guardianship is often over a child or an individual who has become incapacitated through age or disability. The guardian has the right to make all decisions concerning the child, accept for adoption and marriage, and is legally responsible for the child. Call our law firm to determine if a guardianship is the right choice for you.
Frequently Asked Questions
A: A full guardianship allows the guardian to decide issues such as shelter, education, food, finances and medical care for the child or incapacitated adult. Full guardianship occur when both parents or the incapacitated adult refuse to consent to the guardianship. After a Petition for Guardianship is filed, an investigator will go to the petitioner's house and investigate the circumstances. The investigator will issue a report to the Court so the Court can make an informed ruling on whether to grant the guardianship petition or deny it.
A limited guardianship requires the consent of at least one parent and is not meant to be permanent. In a limited guardianship, a parenting plan is created which establishes a parenting time schedule for the parent and child and also address how the parent will participate will financially help the guardian while the child is in the guardians care.
The filing fees range from $185 to $235 depending on the county you are filing in. The attorney fees depend on your particular situation, but usually start at $1500.
It depends. If the guardianship is a full guardianship, then the Court may be petitioned and an Order may be made by the Court allowing the guardian to file for adoption in Circuit Court. A guardian cannot start the adoption process until the judge in the guardianship case has issued an Order allowing for the filing of the adoption petition.
A guardianship will continue until either the parent or guardian files a petition to end the guardianship and the Court issues such an Order.
