Guardianship is the temporary, though often long-term, process that transfers the responsibility and welfare of a child or children from their legal parents to other individuals. Guardianship is not adoption, but can lead to adoption. Guardians are legally responsible for the children, stepping into the shoes of the parent(s) for school, medical or religious decisions. Inheritance and visitation rights to the parents are not terminated during guardianship, whereas adoptive parents become the actual legal parents of the children, permanently terminating all rights of the parents.

Guardianship of a child or children may be voluntary or involuntary. Voluntary guardianship allows a parent or parents to place the legal responsibility of their children into the hands of someone they select. This is usually done when a parent has to be away from their children for an extended period of time (jail, rehab, military service, etc). Involuntary Guardianship may result where the biological parents are unavailable or unable to care for their children. In this situation a third party may petition the Court for an Order of Guardianship

Through the guardianship proceedings, parents may seek visitation with the children and may be required to pay child support. At any time, either parent, or the parents collectively, may move to terminate guardianship. Likewise, at any time during the guardianship proceedings, the guardian or any other third party, may move to change guardians or to terminate the rights of the parents and move to adopt the child.

If you are a parent who needs to discreetly and efficiently negotiate the guardianship of your children, placing in the best home possible, the Law Office of Mitchell A. Jacobs will provide that service. As well, if you are parent who is fighting to keep or for the return of their children, the Law Office of Mitchell A. Jacobs will provide zealous and tenacious advocacy to get you the best possible result.