Guardianships

Guardianship is a proceeding in which a non-parent applies to the court to have custody of a child due to the child’s parents being unable to care for the child due to substance abuse, severe mental illness, incarceration or death. Typically, the child must be in the physical care of the person seeking to apply for guardianship. A guardianship application is not a mechanism to remove a child from a parent’s custody. Both relatives and non-relatives can apply for a guardianship if the child is in that person’s physical care. When applying for a guardianship it must be shown that the guardianship is necessary and convenient to protect the child’s best interests.

Guardianship proceedings are held in the Probate Court and typically consist of applications for a Temporary Guardianship and Permanent Guardianship. The paperwork that needs to be completed is very lengthy and detailed. The party seeking the guardianship must also locate and give notice to the parents, grandparents and any siblings of the child. Having an attorney on your side that knows the complicated process and procedure of these types of cases can be invaluable. This is often a difficult and emotional time for the relative finding themselves needing to take care of a child because a parent is either incapacitated or deceased. The attorneys  at Lord & Brooker, APC have over twenty-five years combined experience handling guardianship cases. Lord & Brooker, APC will navigate you through the paperwork and appear with you in court to make your case to the judge.

If you are a parent who is contesting a guardianship proceeding, Lord & Brooker, APC has the experience you need to protect your rights as a parent and help you secure visitation with your child if the guardianship is granted.