Navigating Temporary Guardianship: Tips for Parents

Whether you cannot fully care for your child for some time or there is some other reason you need to give temporary guardianship of your child to someone else, it is best to know how to do so legally.

To help you out, we have created this article to help answer questions like what is a temporary guardianship, why you might seek one, and who can and cannot be given temporary guardianship of your child. Keep reading to learn more.

What is Temporary Guardianship?

A temporary guardianship is used to transfer a child’s custodial rights to another. It essentially means that the other person can make decisions regarding the child as a parent would. This can include medical, economic, and educational decisions, should the child need these while under temporary guardianship.

It is best to use a legal document to hand over temporary guardianship to another person so that the expectations are made clear and the time period is also set out. A temporary guardian may care for the child in their own home or within the child’s home.

It is important to note that guardianship regulations are different depending on the state that you are in, so it is worth looking at the individual government sites to ensure you include everything you need in your specific state.

Why Might I Need to Seek Temporary Guardianship?

There are several reasons that people seek temporary guardianship for their children. These can include the following.

• Serious illness or disability that makes caring for children difficult – This can include recovering from surgery too, and guardianship is usually returned once the parent has the ability to fully care for their child once more.
• Working away from home – If you cannot physically be around for your child, you may consider asking someone else to take over guardianship until you’re back in the same location as them.
• Financial problems – Not having the money to support yourself and a child can be a difficult time. Some people choose to hand over guardianship to another until they are back on their feet.
• Going through a divorce – Unfortunately, divorce can sometimes get very messy, and this may lead to neither parent being able to support the child fully. If this is the case, some parents may feel it is in their best interest to remove the child from the situation until things are more stable. It is important to note that temporary guardianship is not the same as custody disputes that relate to divorce.

A guardian is legally obligated to act in the best interest of the child or their wards, and so handing over temporary guardianship in any of these cases might be what is best for the child.

How to Give Temporary Guardianship

Giving temporary guardianship to someone else can be done in a few different ways. You can go to a lawyer and have them draw up a legal document for you, but this is often an expensive process and may not be suitable in all circumstances.

Additionally, consider drawing up the document yourself or using a template. Many sites offer temporary guardianship templates which you can use that make the process much more cost-effective and easier for you to do yourself.

Who Can and Cannot be Given Temporary Guardianship?

Both parents may nominate a guardian, provided they are either married or acknowledged as parents. However, this person does not then automatically become their guardian. Instead, the person may still need to go to court to become the temporary guardian.

Additionally, some people are disqualified from becoming a guardian. These include:

• Another minor – A minor cannot be a guardian of another minor, so the person you nominate must be of age
• Someone who is incapacitated
• Someone who already has guardianship of more than five other people
• A person convicted of the following
  • Sexual abuse or exploitation of a minor
  • Child endangerment, if it involves sexual abuse of a minor
  • Kidnapping, if it involves sexual abuse or exploitation of a minor
  • Incest
  • Child stealing
  • The procurement of minors for child pornography
  • Consent to the participation of minors in child pornography
  • Facilitating, encouraging, offering, or soliciting sexual conduct with a minor through the use of technology
  • The distribution of child pornography
  • Possession, aggravated possession, purchase, or procurement of child pornography
  • Inducing, keeping, detaining, or restraining a child for prostitution
  • First-degree rape
  • Indecent proposals or acts to a child
  • Solicitation of minors in indecent exposure or child pornography

Also, there are other impediments that may result in disqualification after inquiries by the court, including:

• If the person has declared bankruptcy in the past 5 years
• If the person is insolvent,
• If the person is under any financial obligation to their ward
• Someone who has a conflict of interest with the ward
• A person who has a conviction, protective order, pending criminal charge, or other civil matter that is unresolved
• Someone who is not physically present in the US, unless they are the only suitable option

Note: Some of these rules may differ by state, so it is always worth checking out your local government website for full details.

Navigating such cases can be legally complex, especially when the disqualification stems from issues like protective orders or unresolved criminal matters. Consulting a restraining order attorney can provide clarity and guidance in addressing legal restrictions or conflicts related to guardianship.

Is Temporary Guardianship the Same as Temporary Custody?

The main difference between temporary guardianship and temporary custody is who determines it. For temporary guardianship, parental consent is required, but for custody, a court will determine who gets custodial rights.