There are many circumstances that may require a minor child to be taken care of by their grandparent(s). Oftentimes a child’s natural parents are unfit or unable to best care for their child and a grandparent may be better suited to take on the responsibility. The natural parents may be dealing with addiction or abuse issues, may be deployed for military service, in jail or facing charges or a variety of other reasons. If you feel appointing a grandparent as guardian is the best-suited option for your family, a trusted and experienced family law attorney can assist you through the process. The child’s best interest is always the focus of each client we assist, and we look forward to doing the same for you and your family.
Court Process of Appointing Grandparent as Guardian
The process of appointing a grandparent as a child’s guardian can be intricate and daunting if you are unaware of what the process entails. In Kansas guardianship proceedings begin with filing a petition and asking the court to hear your guardianship request at a hearing. If the grandparents have the consent of the child’s natural parents, the process moves much more quickly and efficiently, however consent is not necessarily required. If the child’s parents do not agree or consent to the appointment, a grandparent may still be able to prove to the court why guardianship is in the best interest of the child and the court has the discretion to decide. A guardian ad litem will also be appointed in order to represent the child’s best interest and ensure proper investigatory measures are taken. The guardian ad litem will speak to the grandparents, the parents and perhaps the child to ascertain whether or not guardianship is the proper fit, and make their recommendation to the court.
Grandparent’s Duties and Rights as Guardian
It is very important to educate yourself on what the duties and responsibilities of a guardian entail. A grandparent who becomes a guardian of their minor grandchild is essentially stepping into the role of that child’s parent and assuming all duties. Although the court monitors the appointment and the parents still maintain some legal rights, the duties and role of a grandparent guardian are great. A guardian is responsible for the child’s health care and education, their stable and secure living environment and their general care and needs. A guardianship can be established as temporary or indefinite, and if indefinite will last until the child reaches the age of majority, or eighteen years of age.
How Experienced Kansas Attorney Tom McDowell Can Help With Your Grandparent Guardianship Matter
If you are the grandparent or parent of a child and you wish to consider a grandparent guardianship appointment, our law firm is here to help. Grandparent guardianship may be a beneficial option for a variety of reasons and Attorney Tom McDowell is available to discuss your options with you in order to provide the minor child with the best care. Call a Kansas Guardianship Lawyer at McDowell Chartered Legal Services today at (316) 269-0746, and see how we can effectively assist you in your matter.
