Many children are fortunate enough that their biological parents have the means and desire to provide for their needs. However, situations can arise where parents can no longer care for their children. In these scenarios, a family court must appoint a guardian to care for the child until they turn 18.
Often, when a guardian is needed, there is already an element of stress involved due to the surrounding circumstances. Having the guidance of a dedicated guardianship attorney can make an already overwhelming process a little less intimidating.
Contact our office today if you would like to initiate guardianship of a minor in Coral Gables. We can explain the legal requirements and represent your interests during court sessions.
Why a Guardianship Might be Necessary
A child’s biological parents are automatically considered their guardians. Sadly, this can change due to a number of circumstances. The most common scenario involves both of a minor’s parents passing away and an inheritance to the child. This could result from a car accident, illnesses, or even acts of violence. In these cases, Florida courts will be quick to initiate guardianship proceedings to ensure a child’s assets are protected
The need for a guardian may also be the product of a court order due to a lawsuit. When a child suffers an injury and a lawsuit is initiated, if the child is to receive over $15,000 in recovery, a minor guardianship is required by the court. The same is true if a family member or friend leaves an inheritance to a child over the $15,000 limit that Florida Statutes allows.
How to Ask a Court for Guardianship Rights of a Minor
If a child is eligible for guardianship in Coral Gables, any concerned adult may ask Florida courts for an appointment to this role. According to Florida Statute § 744.3021, most of these hearings do not require the person petitioning for guardianship to show that the child is in any way incapacitated. However, individuals seeking these powers must still demonstrate to the court why they are the best choice to care for the child’s future financial needs.
Once the court receives a petition, it will hold a hearing to determine the best guardian for the child.
Let a Coral Gables Attorney Assist with the Guardianship of a Minor Today
If you are considering applying for guardianship of a minor in Coral Gables, speaking with a dedicated lawyer can help you understand the expectations and processes involved. Providing a child with a protector and advocate is an important responsibility that must be handled carefully. The Florida Probate and Family Law Firm can get you started down that path. Reach out today to schedule a free consultation.