Guardianship and Child Welfare

it takes a village. The value of having a “village” is incomprehensible, especially when the child’s parents are struggling. Guardianship is a great vehicle to ensure a child’s welfare when their parent(s) cannot care for them. In this case, a guardianship action may be filed requesting that third parties act in their parents’ stead. Acting in a parent’s stead includes enrolling in school, selecting providers and making appointments, and otherwise being responsible for the child. The purpose of guardianship is to allow the third party to care for the child at least temporarily without the need to terminate parents’ rights.

Depending on the relationship to the child, a proposed guardian may need to pass a background check, obtain fingerprint clearance, and demonstrate financial capabilities. The Court’s focus is on the best interests of the child. Procedural safeguards are in place to ensure that third parties are appropriate guardians. An attorney can assist in navigating the in and out-of-court processes necessary to secure a guardianship.

A petition for guardianship under Title 14 is typically filed with the parent’s consent and can be revoked by either parent any time. If a parent(s) will not consent to guardianship consider exploring other options such as a special power of attorney or filing for third-party visitation or grandparent’s rights in family court.

Whether you know a child in need or you have already been caring for a child long-term as part of their “village” (without a guardianship), you should speak with an attorney to best promote the child’s future.

On behalf of Guymon Law, we offer a heartfelt thank you to those who have bettered the lives of children by being part of their “village”. If you would like to learn more about Guymon Law and our services, check out our child custody section.

Written by Joanna A. Medrano with edits by Amber L. Guymon