Rhode Island Guardianship for Minor

State:
Rhode Island
Control #:
RI-MC-115-02
Format:
PDF
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A02 Guardianship for Minor

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FAQ

In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian.

Legal Concerns with Child Custody and Guardianship Arrangements. Child custody arrangements tend to be more flexible than guardianships and are more often able to change with the circumstances of the family. Guardianships tend to be more applicable to a permanent solution that would stay constant over time.

Guardianships, in contrast, although sometimes granted on a temporary or emergency basis, are often more durable than custody determinations and persist for the life of the guardian or until the child reaches the age of majority.

A: From the time that the petition for guardianship is filed, it may take up to four months for the guardianship to be granted. The amount of time depends on the proper notice to relatives and a completed investigation, by the court, as to the appropriateness of the guardianship.

The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.

Custody is determined in Family Court. Guardianship is a court-ordered relationship where an adult is appointed by the court to care for a minor child ("ward") whose circumstances require it, and to make decisions about the child's education, support and maintenance.Guardianship is determined in Probate Court.

The key difference is the child's parentage: custody describes a parent's care of a child, whereas legal guardianship is granted to someone who is not the child's biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.

Guardianship is when a court orders someone other than the child's parent to: Have custody of the child; or. Manage the child's property (called "estate"); or. Both.

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Rhode Island Guardianship for Minor