Guardianship of a Minor Child

MIAMI, FLFebruary 27, 2019

A child is every parent’s highest priority.  So, the possibility of not being there by their side as they grow is, although hard to fathom, a possibility with the occurrence of an unexpected life event.  We must be ready for the worst and prepare for the possibility of these life events by providing a guardian for your child when you are no longer able to care for them. It is one of the ways of assuring their future even when you may not be around to see them grow.

A legal guardian of a child is their parent, by law.  One of the ways the need for a guardianship of a minor typically arises is when the child’s parents are deceased or are incapacitated to raise them.  When these tragedies occur, the court is required to appoint a guardian over the minor in order to care for and manage the personal and financial affairs on behalf of the minor child until the age of majority (18 years of age). We at The Family Probate and Family Law firm understand how sensitive the situation is and we are ready to provide you solicitous counsel fixated on a positive outcome.

To start the process, you should understand the essential functions of the guardian.  This person should act in the best interest and well-being of the child.  The guardian may also serve as the child’s fiduciary and is subject to court oversight until the child reaches the age of majority (18 years of age).

The court is obligated to appoint a guardian for a child when:

  • Both parents are incapacitated, or the child loses both parents;
  • The child receives an inheritance, legal settlement or insurance proceeds more than $15,000.

The Florida Probate & Family Law Firm can assist you to fully understand how Guardianships work and how to direct the legal process effortlessly and proficiently as each case demands specific experience and understanding of the facts, details, circumstances, and complications that may arise.

Call Us For Assistance

Whether simple or something more complicated, we are here to guide you.  Set up an appointment now, and we’ll help you start the process.  Our firm represents clients in the administration and litigation of estates, guardianships, trusts and family matters including divorce, child custody, alimony, child support, and other matters.

For more information, please call (305)-677-5119.

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