South Carolina Petition for Temporary Guardianship - Military

State:
Multi-State
Control #:
US-03312BG
Format:
Word; 
Rich Text
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Description

Some state statutes provide for temporary or limited guardianships. These guardianships are generally granted by the courts to achieve a specific purpose for a certain amount of time. Once the purpose is accomplished, the guardianship is terminated.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Pursuant to South Carolina Children's Code Title 63-15-60 (B), ?If the court determines a person is a de facto custodian of a child, that person has standing to seek visitation or custody of that child.? In order to qualify as a de facto custodian, the non-parent must prove to the Court by clear and convincing evidence ...

Upon conviction, the person must be: (1) fined not more than one-half of the maximum fine allowed for committing the [underlying] violation, when the person is fined for that offense; (2) imprisoned not more than one-half of the maximum term of imprisonment allowed for committing the [underlying] violation.

The following are factors that determine if a parent is unfit: Unable to respond to their child's needs. ... Unable to set age-appropriate limits. ... Unable to take care of the child. ... Child abuser. ... Unwillingness to compromise or cooperate with the other parent. ... Showing abusiveness towards the other parent.

South Carolina does not have an unattended child law. There is no certain age where a child can be left alone. However, there is non-binding guidance that a child should never be left alone until they are at least 9 years-old.

Short-Term Guardianship You only need a guardianship for a minor child for 6 months or less; AND. The parents will sign and notarize a short-term guardianship agreement. Only one parent's signature is needed if the other parent is deceased, unknown, has no legal rights, or has had their parental rights terminated; AND.

Pursuant to South Carolina Children's Code Title 63-15-60 (B), ?If the court determines a person is a de facto custodian of a child, that person has standing to seek visitation or custody of that child.? In order to qualify as a de facto custodian, the non-parent must prove to the Court by clear and convincing evidence ...

A court appointed Guardian must make yearly reports to the Probate Court regarding the condition of their ward. Guardians for minors are designated by the Family Court. A Conservator manages financial affairs or property for an incapacitated adult or for a minor.

You can seek guardianship of a minor in South Carolina by filing a petition in the Family Court. You will also have to pay a filing fee and serve a copy on the parents if they are alive. To serve as a guardian, you must be an adult.

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South Carolina Petition for Temporary Guardianship - Military