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Can someone who has full guardianship of a child decide they no longer want the child?

Can someone who has full guardianship of a child decide they no longer want the child?

Full question:

A couple was given Legal Gaurdianship of minor child with Full Control to raise child. They knew prior that he had mental health issues, now they do not want to raise the child. My question is can they just decide to no longer raise him and walk away from child?

Category: Guardianship
Date: 04/07/2025
State: Florida

Answer:

The following is a Florida statute:

744.467 Resignation of guardian.--A guardian may resign and be relieved of his or her duties after the notice that the court may require and notice to the surety on his or her bond. Before entering an order discharging a guardian of the property, the court shall require the guardian to file a true and correct final report of his or her guardianship and to deliver to the successor guardian all property of the ward, all records concerning the property of the ward or of the guardianship, and all money due to the ward from him or her. A guardian of the person must deliver to the successor guardian copies of all records of medical or personal care, prior to being discharged. Before entering the order, the court shall be satisfied that the interest of the ward will not be placed in jeopardy by the resignation. The acceptance of the resignation shall not exonerate the guardian or the guardian's surety from any liability previously incurred.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the symptoms of mental illness in children?

Symptoms of mental illness in children can vary but often include changes in mood, behavior, or personality. Common signs are excessive worry, withdrawal from friends and activities, difficulty concentrating, and changes in eating or sleeping habits. Children may also exhibit irritability, anger, or frequent tantrums. It's essential to observe any significant changes in your child's behavior and seek professional help if you have concerns about their mental health.

What are 5 early warning signs of mental illness?

Five early warning signs of mental illness include: 1) persistent sadness or low mood, 2) withdrawal from social interactions, 3) drastic changes in behavior or personality, 4) difficulty concentrating or making decisions, and 5) significant changes in eating or sleeping patterns. Recognizing these signs early can help in seeking appropriate support and intervention.

How to get someone psychiatric help when they refuse?

Getting someone psychiatric help when they refuse can be challenging. Start by expressing your concerns in a compassionate manner. Encourage them to talk about their feelings and suggest seeking help together. If they remain resistant and are a danger to themselves or others, you may need to consider involuntary commitment options, which vary by state. In Florida, you can petition for involuntary examination under the Baker Act if there is a risk of harm (Fla. Stat. § 394.463).

How to deal with a family member suffering from mental illness?

Dealing with a family member suffering from mental illness requires patience and understanding. Educate yourself about their condition to better support them. Encourage open communication and listen without judgment. Help them access professional help and be involved in their treatment plan if they are willing. It’s also important to take care of your own mental health and seek support if needed.

How to raise a child with mental illness?

Raising a child with mental illness involves understanding their specific needs and challenges. Establish a supportive environment where they feel safe to express their feelings. Collaborate with mental health professionals for appropriate treatment plans. Encourage healthy routines, including regular exercise, balanced nutrition, and sufficient sleep. Be patient and adaptable, as their needs may change over time.

What to do if you think your child has mental health issues?

If you suspect your child has mental health issues, the first step is to observe their behavior and document any concerning changes. Talk to them about your observations in a supportive manner. Consult with a pediatrician or mental health professional for an evaluation. Early intervention is crucial, so seek help promptly to ensure they receive the necessary support and treatment.