Tag: elder law

When Parents Aren’t Fit to Parent A Child

Parents are automatically the child’s legal guardian.

But there are circumstances that the parents are not capable of parenting their child.

In these cases, a relative or a concerned person may petition for guardianship.

The court may decide who should have custody of the child or manage the child’s property. Appointing the guardian is up to the court.

Guardianship and adoption are completely different though.

In adoption, the parent’s rights are permanently ended while in a guardianship, parents can ask for reasonable contact with their child.

Guardianship may be ended by the court if the child’s parents become able to support and take care of the child.

A guardian has the same responsibilities as a parent. They are responsible for the child’s needs like food, clothing, shelter, education, medical care and safety.

Guardianship is needed in situations such as when a parent is going to jail, when one or both parents are abusive, when parents have alcohol or drug problem and many more scenarios.

Basically, when the safety, stability and environment of the child is at risk, you may petition for the guardianship of the person.


For more information visit The Law Office of Katherine Schnauss Naugle, PL


Disclaimer: The information presented in our content is not, nor is it intended to be, legal advice. Please consult with an attorney for professional legal counsel regarding your specific case.