Legal Guardianship 8

The Person(s) Who Have Legal Authority Over a Child

Typically, this authority gives the guardian the right to make major decisions on the child’s behalf as well as the authority to decide day-to-day issues. Guardians can specify which schools the child will attend, which religions will be observed and even what activities the child will be allowed to participate in.

With this authority also comes the responsibility of caring for the child and the guardian is required to provide all the basic necessities such as food, clothing and shelter as well as medical care and education.

In addition to these rights and responsibilities, a guardian also has the right to name a successor guardian in the event that they become unable to care for the child in the future.

In general, guardianship can be acquired in two ways: either by assumption as the biological parents or through a court order. Legal guardianship is considered to be binding until the death of the guardian, the authority is terminated by court order or the child reaches the age of majority. However, it should be noted that there are different types of guardianship, some of which can be granted on a temporary basis even if the primary guardian has not relinquished authority over the child.


  • Elizabeth gonzalez

    Me and my partern (same sex) are expecting a baby from a donor (insemination) How I can process legal guardianship for my partner? Is a difficult process?

  • Elle

    I am a Grandparent of an 8 month old. My daughter (babys mother) has a 14 year addiction to heroin/cocaine with short periods of sobriety after rehabs. She relapsed 3 mo. after baby was born and just got out of a 3 WEEK program. The only time we don’t get along is when she is using. She becomes hateful and directs all her anger towards me.I’m concerned about the baby and want to know if i should seek guardianship and how to go about it.

  • ste

    i would like to know what my rights as alegal guardian are.i am the legal guardian of my 17 year old sister. a few months ago i sent her to a group home. the social worker told me that she would only stay a month then she would come home so i went along with it. then they started telling me that if she didnt behave she would have to stay longer but thats not what i agreed to. then she ran away because she got scared, they told her she would have to stay longer . now i want her to come home but they are telling me she would have to go back to a group home and i dont want that because if she couldrun away once she can do it again because they didnt do anything to prevent it the first time. what can i do?? what are my rights

  • Gerald Hinkle

    I have been a father to a disabled exspause for the last 18yrs now the mother is moving to another country andplacing her into a group home would I have anyrites to keep her with me insted of placing her into a group homesince I didnt legaly adopted her

  • may

    My sons grandfather has legal guardianship of him. My son has stated he wants to live with me. Guardianship was granted when i was in jail. What are the changes I will get him back.

  • leslie

    my mom has cancer stage 4 she has 3 youger kids ages 17,13, and 11 how can i claim their custody and be their legal guardian

  • lori

    My husband and I have permanent legal guardianship of my 8 month old grandson, at birth until the age of 18. my grandsons parents (my son) and his girlfriend decided they did not want to raise this baby, that it was “too hard” for them and signed a paper stating that they did not want to be responsible for this child. Both parents are on disability for numerous issues, my son is mentally handicap and his girlfriend has major psychiatric issues, she is constantly in and out of psychiatric hospitals. We have had this baby with us since he was two weeks old with no word from his parents, they haven’t reached out to us, or asked about him. Recently they broke up and now the mother wants to see him, I am very nervous about this my grandson has separation anxiety and has a very hard time with strangers. Does anyone know what my rights are? I am so confused and torn, I am scared she is still off her meds and not stable. Can I refuse her visits?. On the legal guardian papers their are no visitation awarded she hasn’t seen him since birth..My husband and I are considering adoption, but I don’t know if grandparents can actually adopt?

  • Teresa

    I need done advice, my husband and I took in our nephew 4 months ago, we got temporary custody from a form online that was signed and notorized. The child has been unruly to the point of being put in alternative school and now the school has filed an unruly petition on him. The guardian papers say I have the say about medical and education. His mom has been getting a check on him and even while we’ve had guardianship cashed the check and used it how she wanted not offering to help us a any. What should we do, please help?