Get NY OCFS-4940 2010-2024

Guardianship is when another individual who is not the child's parent has legal custody over the child. ... In some states, if a person provides support and care for a child for more than a year, the court can give them the same rights that you have.

Voluntarily Signing Over Legal Guardianship Courts generally prefer to place children with relatives when possible, but another responsible adult may be named as your child's legal guardian. Signing over permanent, legal guardianship of your child is not the same as relinquishing your parental rights.

Voluntarily Signing Over Legal Guardianship Courts generally prefer to place children with relatives when possible, but another responsible adult may be named as your child's legal guardian. Signing over permanent, legal guardianship of your child is not the same as relinquishing your parental rights.

Guardianship must be granted by a judge in the county where the child resides. Decisions about who should be the guardian must be made by the parents or legal guardians of the minor. Determine what type of guardianship you will sign over. Guardianship arrangements can be permanent or temporary.

In most cases, a guardianship does not terminate unless a court approves the termination, even in the case of a guardian attempting to resign. Therefore, those seeking termination of a guardianship must seek court assistance from the probate or family court where the minor child lives.

Becoming a legal guardian involves many different legal rights and duties. A legal guardian generally has the right to make legal decisions on behalf of the child. These can include decisions, such as where to live, where to send the child to school, and other important aspects.

Guardianship of minors pertains to a legal relationship between a minor child and a guardian that gives the guardian certain rights and obligations regarding the child. A guardianship doesn't sever the legal relationship that exists between a child and his or her biological parents, however.

A guardianship is when a person (other than the child's parent or de facto custodian) has legal custody and control over your child. The guardian has the right to make all decisions concerning the child, and is legally responsible for the child.

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.

The duties of a guardian, generally speaking, are to oversee the welfare and safety of the person under guardianship, and to attend to the financial needs of the individual, using his or her assets wisely. A guardian has a legal duty, called a "fiduciary duty", to act in the best interests of the individual.

When appointed by the court, a guardian makes decisions for the ward to ensure that the ward's medical, social and emotional needs are met. Generally, a guardian is entitled to reasonable compensation. ... The court will review the compensation paid to the guardian in the annual account filed by the guardian.

What Is the Financial Responsibility of a Legal Guardian? ... Typically, a guardian is the parent of a child, but that isn't true in all cases. Someone becomes a legal guardian because another person is unable to care for his own interests. This is usually because of age or disability.

Parental Rights Therefore, the guardian has physical custody, and the child's parent does not. However, biological parents maintain their parental rights, even when they don't have physical custody. Their rights are not terminated by the guardianship -- they're suspended.

The duties of a guardian, generally speaking, are to oversee the welfare and safety of the person under guardianship, and to attend to the financial needs of the individual, using his or her assets wisely. A guardian has a legal duty, called a "fiduciary duty", to act in the best interests of the individual.

The average annual salary of a court guardian was $30,000 as of 2014, according to the job site Simply Hired. Requirements for court guardians vary by state or district, however. Some are legal-aid lawyers who help disadvantaged children or adults. Others may have bachelor's degrees in social work or related majors.