How Does Guardianship Work In Florida?

Planning a guardianship can be challenging and unpredictable. At times, guardianship occurs due to a sudden accident or illness and people do not have the opportunity to plan for it. Deciding to become a guardian is a meaningful and selfless act that provides a child with the opportunity to flourish, even under extraordinarily difficult circumstances. Becoming a guardian is not only a personal decision, though. There is also a legal process that must be followed. Below, our Daytona Beach minors guardianship lawyer explains the steps involved.

What is Guardianship of a Minor in Florida?

Becoming a legal guardian refers to taking on the legal responsibility of raising a minor child when their parents cannot. Guardianship is typically established in the event that the parents pass away, become incapacitated, or they have their parental rights terminated by the court. Guardianship can be appointed by the court, or someone may name a guardian for their minor children in their will. Depending on the case, guardianship can be temporary or permanent.

Guardianship is typically established as a last resort and so, many people think it does not happen very often. However, it is more common than people think. During the 2023-2024 fiscal year, more than 9,000 cases of guardianship filed in the Florida probate courts.

The Steps to Establish Guardianship

As with all legal processes, establishing guardianship can feel daunting. Knowing the steps involved can make it less intimidating. These steps are as follows:

Determine the type you need: First, you need to determine if you are pursuing temporary or permanent guardianship. Both temporary and permanent guardianship require court approval but temporary situations do not terminate parental rights.
Meet eligibility requirements: In Florida, only individuals who are at least 18 years old and do not have any felony convictions can petition for guardianship. Guardians also need to be physically and mentally fit.
File the petition: You then must file the petition with the court. You must include personal information, your relationship to the child, your reasoning for why guardianships are in the child’s best interest, and pertinent details regarding the child’s current living situation.
Attend a hearing: You will then attend a hearing where you may have to argue your case for establishing guardianship. After the hearing, the judge will make the final decision. This does not typically occur at the hearing.

If a guardianship case is not contested, meaning no one objects, the process of establishing a guardian can take between 60 to 90 days. If the case is contested, it may take longer.

Our Minors Guardianship Lawyer in Daytona Beach Can Help

Establishing guardianship is a very thoughtful and compassionate thing to do for a child. Unfortunately, the process is not always easy. At Bundza & Rodriguez, our Daytona Beach minors guardianship lawyer can help you navigate it, advise on the documents you will need, and give you the best chance of a successful outcome. Call us today at 386-252-5170 or chat with us online to request a consultation with one of our experienced attorneys 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

flcourts-media.flcourts.gov/content/download/2445358/file/2023-24-srg-chapter-6-probate-20250130.pdf