Guardianship involves an adult taking physical and legal custody of a child who is not biologically theirs and acting on their behalf as a parent would. While guardianship is often permanent, temporary guardianship can also be awarded.
When seeking temporary guardianship in Orange County, a lawyer with Amity Law Group could help you understand this legal process. Schedule an initial consultation with a skilled guardianship attorney today.
What Is Temporary Guardianship?
Temporary guardianship allows an individual to assume the legal responsibilities of caring for someone else’s child. Unlike general guardianship, temporary arrangements generally are intended for emergencies.
This type of guardianship lasts only a short period, usually no longer than six months. During that time, the parent’s rights to the child are suspended but not terminated. It is also important to note that a temporary guardian in Orange County is not permitted to move out of state with the child.
When Temporary Guardianship is Needed
Several situations may require temporary guardianship, including if the child needs immediate medical treatment that the parent has not provided. Temporary guardianships may also be ordered if the child’s parent has become incarcerated, is serving a military deployment, or has encountered another circumstance in which they are unable to care for their child. Additionally, when the parents of a minor child die, a temporary guardian might be named to provide immediate care for the child until a permanent guardian can be appointed.
The Court Process of Temporary Guardianship
Seeking temporary guardianship of a child is a legal process that begins with a petition to the court. This includes information such as why the child needs the care and support of a guardian. A general guardianship petition is often submitted along with this petition since temporary guardianship is intended as an emergency measure only.
After the petition is filed, a notice of the hearing for the proposed guardianship must be given to the child’s parents and anyone else with visitation rights. If the child is over 12, they must also receive notice of the hearing. The court hearing is a time for the judge to determine if the temporary guardianship is in the child’s best interests.
How a Lawyer Could Help Put Temporary Guardianship Plans in Place
An Orange County attorney plays an important role in all phases of the temporary guardianship process, from explaining each step to drafting the petition and submitting it to the court.
The lawyer could represent individuals in court seeking to obtain temporary guardianship or parents who need temporary guardianship for their child, presenting information to show the court that the action is best for the child. Schedule an initial consultation with Amity Law Group for more information on how a legal professional could help with the temporary guardianship process.
Reach out to Amity Law Group For Help With Temporary Guardianship in Orange County
Temporary guardianship allows an individual to step in and provide the care a child needs for a short time when the parents cannot. In some cases, the child is returned to their parents within six months, while temporary custody can lead to permanent custody in others.
To learn more about temporary guardianship in Orange County and whether this process is right for your situation, get in touch with the Amity Law Group legal team today for a consultation.