Few things are more heartbreaking than a young child losing their parent. Parents who took the time to plan for this tragic possibility may have a guardianship in place. These documents are meant to help better ensure a trusted individual or family steps in and raises our child when we cannot. But what happens if there is a dispute — or if we do no have one in place? The following will delve into this legal issue and provide guidance that is helpful for parents looking to avoid this issue and those who are attempting to work through a guardianship dispute.
What is the legal definition of guardianship?
When it comes to minor children, a guardian is the individual who gets to decide where the child lives and makes decisions regarding their upbringing. It is also important to be familiar with the term conservator. A conservator invests and protects the financial assets of the minor. Ideally, parents have both in place for their minor children. It is possible to have the same individual serve as both.
How do parents name a guardian?
The exact process varies by state and even county, but it generally involves filling out and notarizing various legal forms.
What are common causes of guardianship disputes?
In many cases, those who dispute the matter have the best of intentions. They may honestly believe that they are the best suited to raise the child or that it was your wish that they step in on your behalf. You can help to reduce this risk by providing clear instructions and having conversations with loved ones so that they understand your wishes.
How are these disputes resolved?
The process generally begins with a form alternative dispute resolution (ADR). Mediation and arbitration are common examples. ADR is a legal process that focuses on negotiations to reach a resolution in an attempt to avoid litigation. If ADR fails, the parties may move forward to litigate the matter in court. One of the key legal terms used to help reach a resolution is the best interest of the child. This legal standard focuses on finding a resolution that is best not for the family members or friends, but the child.
Resolution can take years. In a recent example, the death of a musician with a multi-million dollar estate has led to more than six years of guardianship battles. The musician’s daughter, now 16 years-old, remains at the heart of the dispute. Those who find themselves in a similar situation can better ensure a smooth transition by seeking legal counsel with experience in this niche area of law. An attorney can advocate for your interests and put together a case the highlights how you can serve the best interests of the child, better ensuring a more favorable outcome.