Guardianship Agreement
Every parent wants to provide all the things that their children need, such as food, clothes, education, and health care. Some can give more than what is necessary. Some can’t provide because they don’t have the means. In order to care for their children, some parents, especially single parents, have two jobs so they can provide the needs of their children. But when unexpected circumstances arise, and they can no longer care for a child, they will need to transfer their parental responsibilities to another individual. You might think that it’s against the law, but there are ways for it to be legal. A guardianship agreement would be made so that a person can take care of somebody else’s child legally.
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What Is A Guardianship Agreement?
A guardianship agreement is a document that allows a particular individual to take the responsibility of a parent when they can no longer care for their children. This happens when a parent is financially unstable, working abroad, or suffering from a medical illness. In most cases, poverty is the main reason why parents file a guardianship agreement. According to research from Brookings, 13% of the children around the world suffer from poverty. Parents usually prepare this legal document to ensure that even if they’re gone, someone will take care of their child. A guardianship agreement may be permanent or temporary, depending on the situation of a parent.
Importance Of A Guardianship Agreement
A guardianship agreement is essential because it deals with how a child will be taken care of in the absence of the childs’ parents. It verifies that the guardian is capable of child care so that there will be no issues that would lead to a childs’ uncertain future. In some cases, when an agreement is not adequately assessed, children are often left to care for themselves, and some may lead to physical and mental abuse. A guardianship agreement can prevent such circumstances because before they get full custody of a child, there are a lot of processes they will need to undergo.
How To Create A Guardianship Agreement
There are many templates available for a guardianship agreement, but if you want to create your agreement, here are some steps and guidelines for you to follow:
1. Hire a Lawyer
Every type of agreement needs the assessment of a lawyer because they know the ins and outs of making such legal documents. A lawyer can give you insights and advice on what to include on your guardianship agreement, inform you about its advantages and disadvantages, and the right ways of an agreement.
2. Information Of The Involved Parties
The information of the parties involved in a guardianship agreement must be included in a detailed way because this data will be used for legal purposes. From the name down to the signature of birth parents, the child, and the chosen guardian. These information is essential in the guardianship process, and it is going to be reviewed by the court.
3. The Type Of Guardianship
Parents should determine whether the guardianship is permanent or temporary so that they can easily take custody of their children. Permanent guardianship is when a guardian has the full custody of the child and is considered to be the childs’ permanent family while a temporary guardianship is when a child is under the care of a guardian in a specific amount of time due to the parents’ absence. In this guardianship, the guardian has the rights of a parent and can make decisions for the childs’ well-being.
4. Statement of Rights
Parents must state their rights to the agreement, including the guardians’ rights. Emphasizing the rights when it comes to the childs’ welfare is essential so that when unexpected circumstances arise in the guardianship, the parents or the law can immediately take action. Aside from the rights that the law provides upon the process of guardianship, parents create their rights, but it needs to be reviewed by the court before it is legalized.
5. Attend Court Hearings
The parents and the chosen guardian must attend a certain amount of court hearings before the guardianship agreement is going to be approved by the judge. Upon attending the court hearing, the child must be present, and documents need to be presented, such as guardianship letters and other court papers. The judge will review the records as he or she addresses the hearing.
FAQs
Can I choose a family member as the guardian of my child?
Yes, it is an advantage when you choose a family member because you know them personally. But you also need to be cautious, people change, and not everyone we know can be trusted. To settle your worries, you can have the appointed guardian sign a background check authorization form to perform an investigation in his or her life operations to assure that the appointed guardian can take care of a minor child.
How much will I need to pay for the services of a lawyer?
The services of a lawyer mainly cost $300 per hour, and that depends on what state you are currently in. It is expensive because it deals with legal issues for the well-being of the child. A guardianship process usually takes up to four months, so you need to calculate how much you will pay the lawyer in that particular amount of time.
Do guardians receive pay in taking care of someone’s child?
A guardian receives an allowance from the government enough for the childs’ needs. It is mandated by the law that they receive financial assistance to ensure that the needs of the child are met.
Every child deserves a second chance of having someone to take care of them. A guardianship agreement can provide the parental care they would need if their parents don’t have any more options. We know that it is unfair for a child to suffer the cruelness of the world as they didn’t ask to be born, but as everyone has a purpose, even a mere child. A guardianship agreement can guarantee that someone is going to stay by their side to support the child as he or she grows up.
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