Full question:
If permanent guardianship is granted to grandparent.are they supposed to financially support the minor children or can biological parent be court ordered to pay child support. Could you please explain how Guardianships work?
- Category: Guardianship
- Date:
- State: National
Answer:
Guardianships are established by court order, typically granting custody of children to someone other than the parents, often with their consent. In some cases, natural parents may seek guardianship, such as when a minor inherits property or receives a settlement. Each state has a threshold amount, like $10,000, that may require a guardianship.
When a guardianship is established, parents can be ordered to pay child support to the guardian. However, in many cases, guardianship is granted with the agreement of all parties, and no support is sought.
Guardians have similar rights and responsibilities as the biological parents. This includes providing for the child's needs, supervising them, and making decisions about their education and healthcare. Guardians must use their own funds to support the child, in addition to any support received from the parents. Funds from inheritances or settlements must be managed carefully and used for the child's benefit.
The child is required to live with the guardian, not the parents, unless the court allows otherwise. Parents may visit the child if permitted by the court or the guardian. Custody can be returned to the parents if the court finds that guardianship is no longer necessary.
Guardians typically must file annual reports with the court. Guardianship ends when the child reaches the age of majority, passes away, or the court terminates it.
Alternatives to guardianship include a power of attorney, which allows a third party to make decisions for the child. However, some situations, like school enrollment, may still require guardianship.
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.