Guardianships of Minor Children
A court may grant guardianship to a grandparent or other extended family member even if the parent objects, if the court determines that a guardianship is necessary, a guardianship is in the best interests of the child, and the parent is unfit. Parental unfitness may be determined from a number of scenarios:
Parental Neglect or Abuse: The parents have committed child neglect, abuse, or child endangerment
Parental Incapacity: The parents are incapable of providing proper care for the child due to factors like substance abuse, mental illness, or incarceration
Abandonment: The parents have abandoned the child, meaning they have relinquished their parental responsibilities and failed to provide for the child's needs
Becoming a guardian for a minor child relative involves a thorough process, including background checks and home assessments, to ensure the child's welfare and best interests are protected.
As lawyers with years of experience working in parental rights defense, adoptions, grandparent rights, and guardianships, we bring valuable insight and special skills to guardianship cases. While many family lawyers only work in conventional divorce and child custody cases involving disputes between parents, our lawyers have broad experience representing extended family across the full range of child custody and parental rights cases. Each lawyer has years of jury trial experience defending parents against allegations raised by third party social workers and government prosecutors. We have represented grandparents in a variety of scenarios where their involvement was necessary, including grandparent visitation cases, intervention as a necessary party in state-led juvenile deprived cases against the parents, and intervention as a necessary party in divorce and paternity matters. Our ongoing experience in these cases allow us to give clients unique and invaluable advice concerning the parent-child bond, constitutional issues related to parental rights, logistical issues associated with multiple simultaneous proceedings, strategy for obtaining or contesting guardianships, and when and how guardianships may be modified or terminated.
We have a strong track record of successful advocacy in challenging cases involving the rights and interests of extended family. Our lawyers have the respect of state prosecutors and child welfare workers due to their experience working with us and by reputation. Each lawyer has special training for defense of parental rights and has acquired a deep understanding of family dynamics, child development, and the emotional complexities involved in family law disputes. Our advocacy for grandparents and other relatives includes navigating delicate family relationships, constitutional parental rights issues, and presenting compelling legal arguments for visitation, placement, and guardianship.
