Until children are fully capable of supporting themselves, they are under the responsibilities of the parents. However, when unfortunate event takes place, children will be left without someone who will take care of them. This is the time when the state is responsible for the protection and well-being of the children.
Guardianship is the process by which the court assigns someone to be the guardian of the child in the absence of the parents. For whatever reasons that the parents cannot personally take care of a minor child, the court must assign someone for the guardianship.
Guardianship is best understood when both parents died, thus, living the child with no guardian. However, there are other circumstances when minor guardianship is needed such as domestic violence, drug abuse, incarceration, or physical or mental incapacity of the parents. Securing a safe, healthy, and caring home for a minor is a process protected by federal and state statutes. Under Florida Law, the child can also receive guardianship if he/she receives an inheritance or proceeds of a lawsuit which worth more than a certain amount of money specified by the statute.
The court is conducting a yearly review to monitor the guardian's performance and / or child's performance under guardianship.
Who are qualified to be a guardian?
Any person either related by blood, marriage, or adoption can be a guardian, otherwise, if none of them can be a guardian or unavailable, any resident of the State of Florida who is at least 18 years old and with a sound mind.
However, there is a preference in which court follows when assigning someone the responsibility:
- Closest relative by blood or marriage.
- Relevant professional, educational, and business experience.
- Capable of handling the finances involved.
- Can meet the requirements of the law and the unique needs of the individual.
For any family law matters, you need someone who will fight for your rights such as attorney Mellany Marquez-Kelly of Marquez-Kelly Law. Whether you need a modification of child custody, minor guardianship, divorce, adoption, arrangement modification, or domestic violence injunctions, attorney Marquez is your friend.
Call us at 239-214-0403. Our legal services serve the areas near Cape Coral and Fort Myers in Florida.