Termination of Guardianship: Explore the Details
Legal guardianship can be granted for any number of reasons. In some cases, a parent's incarceration, medical issues, or financial constraints prevent them from providing adequate care for their children.
A guardianship can be established to ensure a child's well-being in these situations. A relative or trusted friend takes care of the child while the parent attends to their own responsibilities. Guardianships are only meant to be in place for the duration of a child's life, as well as the lives of his or her biological parents.
When the circumstances that required guardianship are no longer present, parents must petition the court to end the arrangement and regain control of their children with the help of a guardianship lawyer. Guardians may petition the court if they realize that they cannot handle the responsibility of caring for a minor.
Whether or not a parent's legal guardianship rights are permanently forfeited is a question that is frequently asked.
No. A common misunderstanding is that when a legal guardian is appointed, parental rights are permanently forfeited. It is true that legal guardians have the same authority over children as their biological parents do; however, the rights of the latter are only "on hold" while the guardianship is in place. This includes all of the parental duties that a legal guardian is expected to perform. In other words, the guardian is in charge of meeting the basic needs of the child, such as food, shelter, education, and health care.
Terminating a Guardianship: How Difficult Is It?
Once a guardianship has been terminated, the following steps should be taken by a child's parent:
In order to end the guardianship, file a motion to do so
Ask the judge to set a date for your hearing
Explain why a guardianship should be terminated at the hearing
If you are the guardian, you must submit your resignation and ask for the final report to be approved at the hearing. While this method of ending guardianship is simpler, it is not always the best option.
In What Circumstances Should a Guardianship Be Terminated?
Guardianships, as previously stated, are intended to be short-term arrangements. A parent may resort to them when faced with a crisis that threatens their ability to care for and comfort their children.
Suppose a friend or relative is unable to care for the child of a single parent because of a serious health issue. When the parent has recovered, the guardianship should come to an end.
No matter what happens, a judge will hold a hearing to determine whether or not a guardianship is still necessary. Both parents and legal guardians have a chance to speak, but it's possible that they won't always agree on whether or not to revoke guardianship. A judge will ultimately decide what is best for the child.
A Guardian's Disapproval of Termination: What Happens Next?
Let's imagine that someone in your family has a drug or alcohol problem. While the parent is getting better, a concerned relative steps in to take care of the child. When the child's treatment is complete, the parent can ask the court to end the guardianship order. As a result, the parent's guardian believes that if the parent is in recovery, it won't last. The guardianship will not end if the guardian does not wish it so.
A guardianship termination can be a difficult process for parents to go through. Even if the parent and guardian were on the same page, the parent must still file a petition to end the arrangement.
If the guardianship is to be maintained, the judge will look at whether it is in the child's best interest to do so, and the parent will have to show that the hardship they have endured is over.
Ask Yourself This Question: Do You Need Legal Help?
At Bundren Law Firm, we have the experience and expertise to help you with your guardianship case. As a legal guardian or a person seeking guardianship, we can assist you with all of your legal needs.
Please visit Reneau Law Group online to learn more about how guardianship can be terminated or to schedule an appointment with our experienced guardianship lawyers in Oklahoma.
**Disclaimer: The above article does not imply a relationship between attorney and client, nor does it aim to provide any legal advice.