Guardianship
Permanent guardianship over a child is granted when a court believes the child is better off living with his guardian rather than his parents. Courts generally prefer to keep a child with his parents, so guardianship will initially be granted on a temporary basis. Guardianship will become permanent if it is still necessary and proper for the best interest of the child.
What is the difference between custody and guardianship?
Guardianship and custody are both terms that refer to the legal rights to a child. If a child's parents are living, but unfit, the guardian will gain custody, but the parents maintain their parental rights unless they are relinquished or a judge suspends or revokes them. Guardianship is appointed in probate court.
Who qualifies as a guardian?
A biological parent in most cases is a guardian subject to section 20 of the Family Law Act.
A legal guardian acts as the primary caretaker of a child or minor. This person may be personally selected by the child's biological parents in a will or a written document executed by the guardian and properly witnessed or appointed by the court. Guardianship arrangements are necessary when a child's biological parents are unable to provide care.
How long does it take to get guardianship of a child?
From the time a guardianship application is filed, it can take up to four months for the guardianship to be granted. The amount of time depends on the proper notice to relatives and a completed investigation, by the court, as to the appropriateness of the guardianship.
Is legal guardianship permanent?
Once permanent guardianship is awarded, parents can still reclaim guardianship rights to their child. Parents must prove that they are responsible and are financially and physically competent to take care of their children.