Guardianships

When a child’s parents are unable to care for them, whether due to illness, incarceration, or untimely death, someone else may need to step in. That’s where guardianship comes in. As experienced St Louis guardianship attorneys, we help loving family members and friends protect children’s well-being through this crucial legal arrangement.

If you’re considering seeking guardianship of a child, you likely have many questions. What does it mean to be a guardian? How do you establish guardianship? What are your rights and responsibilities? We’re here to guide you through every aspect of Missouri child guardianship law. Contact us today for a consultation.

Guardianship in Missouri Family Law

Guardianship is a legal relationship where an adult is given the authority by the court to make decisions on behalf of a child. The guardian steps into a parental role, taking on the responsibility to provide for the child’s care, education, health, and welfare.

Some common situations where child guardianship may be necessary include:

• The parents have died or become incapacitated
• The parents are unfit or unable to care for the child due to substance abuse, incarceration, or mental illness
• The child has been abandoned or abused by the parents
• The child has special needs that the parents are not equipped to handle

In these difficult circumstances, guardianship allows a caring adult to give the child stability and security.

Guardianship vs. Conservatorship

You may have heard the terms “guardianship” and “conservatorship” used interchangeably, but there’s a technical difference. In Missouri, guardianship refers to authority over personal decision-making, while conservatorship is authority over financial affairs (Mo. Rev. Stat. § 475.010). However, in cases involving minor children, the same person is usually appointed to serve in both roles. So, as a child’s guardian, you would have the power to make medical decisions, choose their school, and handle their assets.

Types of Child Guardianship in Missouri

Not all guardianships are created equal. Missouri law recognizes a few different types to fit the needs of various family situations:

• Temporary guardianship – As the name suggests, this is a short-term arrangement for a specific period of time. It may be used when a parent is temporarily unable to care for the child, like during a military deployment or hospitalization.
• Permanent guardianship – This is a long-term guardianship that lasts until the child turns 18 or the court terminates the arrangement. It’s often used when the parents have died or are permanently unfit.
• Standby guardianship – Here, a guardian is pre-selected to take over if a specific triggering event occurs, like the parent’s death or incapacitation. The standby guardian’s authority “springs” into effect automatically to ensure a seamless transition for the child.

Each type of guardianship follows a distinct legal process and grants the guardian varying levels of authority.

Guardianship vs. Child Custody in Divorce

It’s important not to confuse guardianship with child custody in a divorce. Custody refers to the division of parenting rights and responsibilities between the child’s parents. Guardianship, on the other hand, grants parental authority to a non-parent. In fact, guardianship can actually override parental rights. Once guardianship is established, the parents can’t just take back custody on their own. They would have to petition the court to terminate the guardianship.

The Legal Process for Obtaining Child Guardianship

Seeking guardianship of a child involves multiple steps to ensure it’s truly in the child’s best interests. The process typically looks like:

1. Filing a petition – The person seeking guardianship (the proposed guardian) files a petition with the court, which includes information about their relationship to the child and why guardianship is necessary.
2. Background checks – The court will conduct background and criminal history checks on the proposed guardian to ensure they are a suitable caretaker.
3. Court hearing – The judge holds a hearing where the petitioner must present evidence showing that guardianship is in the child’s best interests. The child’s parents, if living, have the right to object.
4. Court order – If the judge finds guardianship is warranted, they will issue an order granting guardianship and spelling out the guardian’s specific powers.

As the petitioner, you have the burden of proof to demonstrate that guardianship is necessary for the child’s welfare. The court will weigh many factors, including:

• The proposed guardian’s relationship with the child
• The proposed guardian’s ability to provide a stable, loving home
• The child’s physical and emotional needs
• The child’s wishes, if they are mature enough to express a preference
• The parents’ wishes or nomination of a guardian, if they are able to do so

The guardianship process can be complex, both legally and emotionally. Having an experienced attorney in your corner can make all the difference in achieving the best outcome for the child.

Guardianship for Children with Special Needs

Guardianship takes on an extra layer when the child has physical disabilities, cognitive impairments, or mental health conditions. While a parent would normally be able to make medical and educational decisions for their child, a child with special needs may require a guardian’s ongoing support and advocacy even after turning 18.

Establishing a guardianship can give you the legal authority to ensure continuity of care as the child becomes an adult. You can oversee their treatment, secure benefits and services, and protect them from exploitation. A knowledgeable guardianship lawyer can help you navigate this process and connect you with helpful resources.

Rights and Responsibilities of a Child’s Guardian

Becoming a child’s guardian is a major commitment. You are assuming a parental role in the child’s life. Some of your key rights and responsibilities include:

• Making decisions about the child’s education, medical care, and religious upbringing
• Providing a safe and nurturing home environment
• Managing the child’s finances and assets
• Advocating for the child’s needs and best interests
• Submitting regular status reports to the court to show you are properly carrying out your duties

Essentially, the court is entrusting you to fill the child’s parents’ shoes. It’s a big responsibility, but also an opportunity to make a profound difference in a child’s life.

Termination or Modification of Guardianship

Guardianship is not necessarily permanent. The arrangement can be terminated by the court if it’s no longer needed or if the guardian is not fulfilling their obligations. Reasons to end guardianship may include:

• The child turns 18
• The child is adopted (by the guardian or someone else)
• The parents are able to resume caring for the child
• The guardian is unable or unfit to continue serving
• The guardianship is no longer in the child’s best interests

Either the guardian, the child, or another interested party can petition the court to terminate the guardianship. Sometimes, rather than ending the guardianship entirely, the terms may need to be modified to adapt to the child’s changing needs. For instance, a guardian may need to be granted additional powers as the child approaches adulthood.

Alternatives to Guardianship for Child Welfare

While guardianship is a valuable tool, it may not always be necessary to establish a formal court-ordered arrangement. Missouri law provides some alternatives that can give a non-parent legal authority over a child’s care:

• Power of attorney – A parent can sign a power of attorney temporarily delegating their parental powers to another adult, like while the parent is away for military service or an extended trip. This doesn’t require court involvement but is limited in scope and duration.
• Co-parenting agreements – A parent can enter a written agreement to share parental authority with a third party, like a grandparent or stepparent. This can be a good option for blended families but may not provide enough stability.

These options can be simpler and faster than guardianship, but they have drawbacks. The parent can revoke their consent at any time, leaving the child’s caregiver without legal rights. And the legal authority is narrower than a full guardianship. Whether guardianship or an alternative is right for your family depends on your unique needs and goals. At Raza Family Law Solutions, we can walk you through the pros and cons of each approach and help you make an informed decision.

Frequently Asked Questions

How do I establish guardianship of a child in Missouri?

To establish guardianship of a child in Missouri, you need to file a petition with the court. The petition should include:

• Your relationship to the child and reasons for seeking guardianship
• The names and addresses of the child’s parents, if known
• The names and addresses of any other persons with custody of the child or who claim rights to the child
• The name and address of the child’s current custodian
• A statement explaining why guardianship is necessary and in the child’s best interests

After filing the petition, the court will set a hearing date. In the meantime, the court will order a background check on the proposed guardian. At the hearing, the judge will consider evidence to determine if guardianship is warranted. If the court finds that guardianship is in the child’s best interests, it will issue an order appointing the guardian and specifying their powers and duties. The guardian must take an oath to faithfully perform their responsibilities.

What are my responsibilities as a child’s legal guardian in Missouri?

As a child’s legal guardian in Missouri, you step into the role of a parent. You have the authority and duty to make major decisions for the child’s care and wellbeing, such as:

• Deciding where the child will live and go to school
• Consenting to medical treatment and making healthcare decisions
• Managing the child’s finances and any assets they may have
• Providing for the child’s food, clothing, housing, and other necessities
• Making decisions about the child’s religious upbringing and extracurricular activities
• Taking legal action on behalf of the child, if necessary

Essentially, your responsibility is to nurture the child and act in their best interests, just as a parent would. You must provide a safe and stable home environment and put the child’s needs first.

Protect Your Child’s Future with Raza Family Law Solutions

We know that nothing matters more than your child’s safety and wellbeing. If you are considering guardianship for a child in your life, our compassionate legal team is here to help. We have extensive experience guiding families through the guardianship process, from filing the initial petition to representing your interests in court.

When you work with us, you can expect personalized attention and tireless advocacy. We take the time to understand your family’s specific needs and goals, then craft a tailored legal strategy. You can count on us to be by your side every step of the way, fighting for your child’s best interests. Don’t navigate this complex legal terrain alone.

Call Raza Family Law Solutions to schedule a consultation with a knowledgeable St Louis guardianship attorney today. Together, we can create a brighter future for the child you love.