In recent times, temporary guardianship has become very common and happens when another party gets a legal chance to take care of children for a given period. Temporary guardianship gives the child a chance to stay with a different adult away from their parents. A parent might have a commitment away from town for a certain time or be unfit to take care of the child due to medical issues. The usual period is at most six months. In the event of temporary guardianship, the parent is allowed to make decisions for the child in case of emergency, such as medical attention decisions.
On the other hand, the temporary guardian is responsible for the child’s basic needs, such as education and other parenting roles that involve the child’s welfare. There are legal protocols followed when acquiring temporary guardianship. It all depends on the laws of the state that you are in. The best way is to try finding out if your local government needs a certain form to accomplish temporary guardianship.
What is a temporary guardianship form?
Regarding temporary guardianship, your local state laws may require a certain form for you to proceed with the process. It is used to certify the change of the child’s custody from the parent to the temporary guardian. When filling the form, the parent and the other party’s information is given. The temporary guardian takes legal responsibility for the child after the form is signed.
When do you need a temporary guardianship form?
Many occurrences may require you to have a temporary guardianship form. If you happen to share the child’s custody with their other parent, temporary guardianship might not be among the first options. However, in the case where the other parent is occupied elsewhere or is not in a position to take care of your children when you are away, then temporary guardianship is the right solution .furthermore, if you are the sole custodian of the children, then you might opt for temporary legal guardianship in the case where you might not be In a position to take care of your child. Common reasons that result in the use of temporary guardianship include :
- If you are traveling for work outside the state for a long period.
- If you are disabled in a way that you need assistance in taking care of the kids.
- If you fall sick and are required to be hospitalized for an extended period of time.
Temporary Guardianship Form & Templates
Temporary guardianship VS temporary custody
The functions of temporary guardianship are often confused with temporary custody. This is because both of them give the right to a different adult to take care of the child, including but not limited to making decisions involving the child on behalf of the parent. The difference between the two is in their time. There is also a difference when it comes to finality.
Temporary guardianship requires consent from the parents, whereas the court order determines custody. In the case of the temporary guardianship, the parent voluntarily agrees to leave their child under another adult’s care. This means the court cannot grant temporary guardianship if the parent does not give consent. In contrast, temporary custody is given when a lawsuit is presented by the child’s parent or relative who wants the child’s right to custody. The court after that decides the custody of the child after a hearing.
Temporary guardianship lasts for a specific period. For example, when the parent is going away for a long period or is not able to take care of the child’s needs. The parent is then required to fill an agreement form to prove the temporary guardianship agreement. On the other hand, temporary custody does not require any agreement between the two parties. The court puts into consideration the best interests of the child in question before giving the custody agreement. When there is proof of ill-treatment, the courts will decide the child’s custodian.
The parent-to-child right still stands in temporary guardianship. The parent might make decisions concerning the child’s education and medical care. The court, in other situations, might ask the temporary parent for reports to ensure the child is being taken good care of. As for custody, the child’s new custodian is responsible for every decision that includes the child’s welfare regardless of the parent’s wishes.
How to arrange temporary guardianship
Since the process involves handing over your child to another adult for a specific time, an appropriate arrangement is required. You will first need to decide whether temporary guardianship is an option for you. If you must set up a temporary agreement with a different adult, you need to decide the right person you designate.
You need to choose the right person who will take the best care of your kids. This should be someone you confidently trust and whose decisions you align with. Ideally, you should consider someone your children are familiar with. The following steps are common in the process of arranging a temporary guardianship.
1. select a temporary guardian
Guardianship allows the other adult to make important decisions on your behalf when the child is concerned. When you finally decide to take the temporary guardian option, you have first to put your child’s best interest. List all the potential guardians. Start breaking down the list evaluating how best they can take care of your child. In addition, consider the size of their family and work commitments when approaching a person on your list as they might not have the time to assume the care of your child. Remember, this action is voluntary, so you should expect some to turn you down.
2. Discuss the guardianship
You will have to discuss with the other adult different issues concerning the child after determining the temporary arrangement period. During the discussion, you will need to decide on your kid’s schedules while indicating any activities that the child participates in. you both should agree on sleeping arrangements and conditions that the two of you might have. You will need to give important information about the child, such as the child’s medical history and allergies to the child might have to the temporary guardian.
Contact your kid’s school and health care to notify them of the arrangement so that they know who to contact in case of emergency. Moreover, it is very important to discuss financial issues involving the child to clear who should settle the child’s bills during temporary guardianship.
3. make the arrangement official.
Check first with your local state on the guidelines you need to follow to be sure about the rules of your area. Depending on your local state laws, you will be required to fill a temporary guardianship form. A court personal may help you with the process if you have no idea how to handle the process. You may file it with your local state, or you make it with you. Both parties are required to have a copy of the agreement t and produce it when needed.
This process verifies your signature and makes sure that your child’s temporary guardian can access emergency medical treatment or make important decisions concerning your child on your behalf.
Depending on your local state laws, you will need to know the specific procedures that your state requires you to follow to arrange temporary guardianship for your child. Your local state might have specific forms that you are required to fill out. In other cases, you might be needed to provide writing stating the person you are selecting as your child’s temporary guardian and the period and notarize it. Ensure you hold a discussion with the temporary guardian of your choice on important issues and state your wishes clearly.