Trying to claim custody of your minor child can be a very stressful and challenging process. The first step is to find out what legal grounds you have for making a claim. Next, you must determine what actions you can take to protect your child.
Whether you are a parent or a relative of a minor child, you may be called upon to become the legal guardian of a minor. A legal guardian has the same power and authority as the parent and is responsible for a minor’s personal and financial care.
Depending on the state, there are different requirements for becoming a legal guardian. Consider consulting with a family law attorney tampa for legal advice before filing your petition.
The court will consider the prospective legal guardian’s moral character and the relationship between the proposed guardian and the parents. The court also considers the child’s preference and the proposed guardian’s ability to provide proper care.
A guardian manages a child’s financial resources until they reach the age of 18. If the parent cannot provide financial support for the child, the guardian can ask the court to terminate the guardianship.
Depending on the state, you can also get social service benefits for a child under guardianship. However, you will need to prove that a substantial change of circumstances has occurred.
For example, a guardian can help a child with intellectual disabilities receive social services.
Can Grandparents Sue for Custody?
The circumstances depend on whether a court will grant visitation rights to a grandparent. In New York, for example, grandparents must prove that they have a significant relationship with the child and that the child would suffer harm without contact with them.
Other circumstances where a court may grant visitation rights include when a child’s parents have died or if the child has never been married. The court will also consider the parent’s fitness to raise the child and the child’s needs and wishes.
To prove that a parent is unfit, a grandparent must present clear and convincing evidence. This may include evidence such as mental health records, documents, and testimony from witnesses.
When grandparents seek custody of their grandchild, the judge will consider their relationship with the child and their physical and mental health. The court will also consider whether or not the grandparents can raise the child. The court may grant visitation rights if the grandparents can provide a strong case.
The court will also consider the stability of the grandparents’ home. A child removed from their home by authorities will likely have custody of the Department of Social Services (DSS).
Depending on the circumstances, the court may also grant temporary custody of a grandchild to a grandparent. This will only happen if the grandparents have a relationship with the child and if they can provide the child with a home that meets the standards of neglect and abuse.
Physical Custody Vs. Joint Physical Custody
Whether a court awards physical or joint physical custody of a minor child is an important decision that must be evaluated carefully. The court must consider the child’s best interests and the parent’s relationship with the child. In addition, the court must consider the child’s residence.
Many states recognize shared custody as the legal standard. Both parents make decisions for the child, including medical and educational care in this arrangement. The non-custodial parent has limited authority in legal matters, such as driving and schooling. The court will also order regular visitation with the other parent.
Physical custody is the legal term for where a child resides. The parent who is granted physical custody usually lives with the child most of the time.
A court may award joint physical custody, but this is rare. Joint custody can involve a child living with both parents during the school year or living with one parent during summer vacation. It may mean something other than equal time with the child, but both parents should spend significant time with the child.
While joint physical custody is the legal standard, it may not be the best option for the child. Joint custody involves significant time with the child, but the decision-making is still primarily in the hands of the parent who has custody.