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:
How Guardianships are Established
Guardianships are generally established by Court order and in most cases the Guardianship of the Children is granted to a person other than the Parents often with the Parents consent. It is also sometimes necessary for the natural parents to establish a Guardianship which as when a minor inherits property not in trust or is awarded a personal injury or other suit where the minor receives money. Each State has a certain sum at which a Guardianship is required such as $10,000.00. In some States a Guardianship might be forced upon Parents if they allow a third party to raise and support the child for a certain period of time such as in Kentucky.
Do Parents have to Pay Support to the Guardian if a Guardianship is Established of their Children
The Parents could be ordered to pay support. In most cases the Guardianship is established with the consent of all parties including he Parents and no support is sought.
What are the Rights and Obligations of a Non-Parent Guardian
The Guardian has basically the same rights and obligations as the Parents had before the Guardianship. This includes the duty to support the child in all areas of their needs, supervise them, and make all decisions relating to the child. You step into the shoes of the Parents in virtually all respects including any liabilities that a Parent may have relating to the child's behavior. The Guardian has the duty to spend their own money to support the child above any support from the parents, if any, aid or other money you are managing for the child. Also money like inherence or money awards you are managing has to be used in a particular manner and you cannot simply use it for things not totally related to the child.You make the decision of where the child resides, goes to school, receive medial care and other similar matters.
The Child is required to live with you, not anyone else, including the parents, unless the Court allows it. The Parents may visit the child if granted by the Court order or if you allow it. The parents could get custody back in the future if the Court decides a Guardianship is no longer required or if all parties request that the Guardianship be terminated unless there is some issue that would prohibit termination.
You are required to file annual reports with the Court that appointed you as Guardianship in most cases.
What are alternatives to a Guardianship
A Power of Attorney can be used to give authority to a third party to make decisions for and care for a child. However, in some situations such as attending school, some States may require that a Guardianship be established. Other alternatives may be available in some States but there are few.
How is the Guardianship Terminated
A Guardianship is terminated when the child reaches the age of majority, dies, or the Guardianship is terminated by the Court.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.
