Whenever you are fighting for the custody of your children or a close relative, the guardianship procedure can be a painful and stressful time. There is so much to think about when going through a guardianship procedure. If you are in need of a legal professional to help you through this time in your life, it is important to consider the importance of their experience and qualifications as a specialist in this area. There are many avenues to consider when looking at guardianship lawyers, and your first step should be to look into their experience and credentials.
A custody agreement is drawn up between the parents and the child’s guardian ad litem during the initial court proceedings. This agreement outlines the time during which the child will spend living with each parent, as well as details on what the physical custody of the child will be. Along with these details is the right to make decisions regarding the child’s welfare, the right to medical care and education, and the right to religious and social teaching. The parents are also expected to pay child support if they are unable to provide this. The court’s duty is to oversee the custody and the visitation rights of the children.
Once you have decided that you are going to file for guardianship, you will need to provide several personal items to the court. These include documentation regarding your spouse, children, and other supporting adults. A health care proxy from a doctor confirming that the child will receive medical care is required. It also must confirm that both parents are unfit to care for the child.
At the beginning of the guardianship case both parents and children will give testimony regarding the best solution for their child. There is often a custody hearing where the judge will review the evidence and reach a decision. During the hearing both parents are expected to present evidence to prove their cases for why they are the best guardians. Evidence can include letters from therapists, psychologists, and even doctors. It can also include things like a history of drug abuse and neglect.
At the end of the child custody hearing the court will make a final decision, said Miami probate and guardianship lawyer. If there are no problems with the parents and the court feels that they are suitable to be guardians the child can be given to them. If there is a problem then the court will then make a decision on the best person to take care of the child. At this point either the parents or guardians can ask the court to make an order for custody. If the parents wish to stay together and the court rules that there is nothing to be done about it the court will leave the child in the custody of the guardian. However, if the parents wish to separate then the parent must go through the courts to seek custody of the child.
After the court makes a decision guardianship is established. The parents can no longer attend the child custody hearing unless they are involved in it. This can be hard for a lot of parents who are in conflict, and they can have a hard time attending because of their personal relationship with the child. Once the guardianship has been set up everything is much easier for the parents and the child.