FAQs About Minor Guardianship In Florida

Minor children require guardianship in a number of situations. Their parents may have passed away suddenly in an accident or due to an illness. In other situations, the parents of the child are alive but are deemed unfit to raise a minor child. If you are considering establishing guardianship for a minor child, regardless of the circumstances, you likely have many questions. Below, our Daytona Beach minors guardianship lawyer outlines the answers to some of the most common questions we hear.

What is the Purpose of Minor Guardianship? 

Guardianship of a minor is intended to give a non-parent the ability to make legal decisions for a child when their parents cannot. Guardianship is often used when parents have abandoned a child or when the court determines it is in the child’s best interests to be removed from the custody of their parents. Guardianship is also legally required to manage funds when a child receives more than $15,000 in a settlement or inheritance.

Who Can Establish Guardianship in Florida? 

State law in Florida places certain eligibility requirements on guardians. These are as follows:

• You must be at least 18 years old.
• You must be physically and mentally able to act as guardian.
• You must be a resident of Florida or a non-resident who is a direct relative to the child.
• You cannot have any prior felony convictions or accusations of abuse or neglect.

How Does the Guardianship Process Work? 

The first step of establishing guardianship is to file the appropriate petition with the court. The petition must outline your intent to be a guardian and explain your reasoning for seeking guardianship. You must show it is in the best interests of the child. You must also submit substantial evidence regarding the child’s current living situation and how you plan to better their life. The next step is to attend a hearing where you can explain to the judge yourself why you think you are a good fit for guardianship.

How Long Does the Guardianship Process Take? 

There is no definitive answer regarding how long the guardianship process will take. Each case is unique and has its own specific factors that will contribute to the length of the process. These include the complexity of the case, the schedule of the court, and whether there are objections to a proposed guardianship. Overall, the process can take anywhere from a few months to over a year, depending on the specific facts of a case.

Can You File Without a Minor Guardianship Lawyer in Daytona Beach? 

Technically, yes, you can file without the help of a Daytona Beach minor guardianship lawyer, but it is always recommended that you obtain legal advice. At Bundza & Rodriguez, our experienced attorney can advise you of the laws surrounding guardianship in the state, help you prove why you are the best choice, avoid mistakes, and give you the best chance of establishing guardianship. Call us today at 386-252-5170 or chat with us online to request a consultation and to get the legal help you need.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0744/Sections/0744.309.html