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Guardianship

More and more frequently, grandparents and other family members (aunts and uncles for example) are needed to raise children not their own. When neither parent can take care of a child’s basic needs, guardianship of the child and sometimes their estate (if the child receives money from social security or other source as an example) is necessary.

There are three types of guardianships for minors, namely Temporary Guardianship, Permanent Guardianship, and Standby Guardians.

PERMANENT GUARDIANSHIPS are appropriate in situations wherein there is not a parent available or capable of providing basic needs for a minor and the need for care is anticipated to surpass the 90-day temporary guardianships.
• A guardian stands in the shoes of a natural parent and takes full responsibility for the health, welfare, and safety of the minor child until the minor child reaches the age of 18 or a parent can prove to the court that their circumstances have changed, and it is no longer in the child’s best interests for the guardianship to continue.
• A court may make provisions for visitation by one or both parents and order one or both parents to provide child support to the guardian.
• The burden of proof required to dissolve a guardianship is much higher if a court finds that one or both parents are unfit.
• If both the guardian and parent decide the guardianship is no longer necessary, it can be dismissed upon Motion to the Court.

STANDBY GUARDIANS are appropriate when a parent is chronically ill or near death. This type of guardianship can provide much comfort and peace of mind to a parent as they can establish a plan for the care of their child to take effect upon:
1. The death of the parent;
2. The mental incapacity of the parent; or
3. The physical debilitation and consent of the parents.

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    Kimberly is very professional and knows what she's doing! Our mediation involved my grand daughter and she was excellent in making sure what was best for her, We highly recommend her to anyone in need of mediation,

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    Very helpful and knowledgeable about family law. I would highly recommend her services.

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    She is a great lawyer, she takes charge and gets things done. She helped put me at ease with my situation and her confidence helped me have confidence in myself during this time. She listens and is very attentive.

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    5.0/5.0

    Ms. Canova was my lawyer through my divorce and child custody battle. She is the main reason I was able to continue to have a relationship with my children and received joint custody. I had a very nasty divorce and her insight and legal knowledge h...

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    Kim's years of experience shine through. I felt well advocated for. The interests of our child and the family were taken care of with competence and professionalism.

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