When children under the age of 18 have biological parents who are deceased, declared unfit, or unwilling to take care of them, another party may step in to serve as guardian. This person will assume legal responsibility for the minor and their property. Since guardianship cases can be complex and highly sensitive, it’s best to consult a lawyer and clear up any confusion you may have before agreeing to fulfill the role. Here are some of the most common questions people ask when considering becoming a guardian.

What You Should Know About the Guardianship of Minors

How is guardianship established?

In Ohio, the probate courts possess the authority to appoint guardians. The process begins by submitting a guardianship application to the probate court located in the county where the child lives. Then, a hearing date will be scheduled, and the minor’s closest relatives will be notified to provide them a chance to contest the application. After reviewing information about the applicant’s background and relationship with the child, the court will decide whether or not to award guardianship.

What are the duties of a guardian? 

Guardianship duties are similar to those of parents. Guardians become responsible for ensuring the child is cared for and their basic needs are met. This includes providing a safe and stable home environment, clothes, and food, as well as making sure they get an adequate education and medical and dental treatment. They may also be responsible for overseeing the minor’s finances. Additionally, the court requires that a status report be turned in at least once a year, updating them on the child’s condition. 

What is the difference between guardianship and adoption?

Although a guardian receives certain legal rights and commitments toward the minor, the relationship will not terminate the association between them and their birth parents. On the other hand, adoptive parents are given full parental rights, and all of the rights and obligations of the child’s biological parents are permanently ended. 

When does guardianship end? 

Generally, guardianships are intended to be temporary. There are a few reasons the relationship can come to an end, such as the child turning 18, a judge determining that guardianship is no longer necessary, or the child is deceased. Guardians may also request to be relieved of their duties. 

Should you decide to pursue the guardianship of a minor, you will benefit from having a family law attorney advocate on your behalf. The Law Offices of Katzman, Logan, Halper and Bennett, LPA can guide you through the legal process and present a strong case showing the court it is in the best interests of the child to be placed in your care. Backed by more than 40 years of experience, they have helped countless residents across the Cincinnati, OH, area successfully obtain guardianship. Call (513) 793-4400 to arrange a consultation, or visit them online for more information on their services.