We’re sorry to be the ones who have to break the news to you, but everything good has to end. As with everything else, a fresh set of circumstances will inevitably arise that could lead to the termination of your guardianship, whether it be over a darling child or an adult.
There are two types of guardianship: adult guardianship, which arises if the adult is incapacitated, and child guardianship, which occurs when the parents are incapable or have passed away. Child guardianship is the main topic of this article.
Can a temporary guardianship end without going to court? If the question’s answer hasn’t already been revealed by the title, it is “Yes.” To end the arrangement, though, both guardians must agree on it.
There are numerous justifications for wanting to end a temporary guardianship. If it’s a child, it could be because the parents have patched things up and are able to care for the child once more, the youngster wants to move out or live with someone else, or the child has reached “legal age” (age 18) and is now regarded as an adult.
Here are a few things to check before thinking about ending your guardianship agreement because the child’s best interests are the most important factor during temporary or permanent guardian terminations.
The previous or new guardian is competent of caring for the child on a physical, economical, and mental level.
So how to terminate temporary guardianship without court? There are a few things you must complete in order to end a temporary guardianship in all cases. States have distinct laws; thus, the methods could be a little bit different. In spite of this, even when using an out-of-court alternative, a judge must be involved in both the establishment and termination of a guardian-ward relationship.
The judge may not consent to ending the guardianship if it is not in the child’s best interests. So, before submitting a petition, make sure you have all the required documentation and supporting evidence.
Temporary Guardianship: What Is It?
In a legal arrangement known as a temporary guardianship, one or both parents of a child agree to temporarily give up custody of the kid to another adult, individuals.
It’s possible that the temporary guardian and the child are unrelated. Temporary guardianship is permitted as long as the potential guardian can meet the child’s fundamental necessities during that time.
The new guardian’s duties include providing for the child’s basic requirements, handling any medical emergency, and temporarily taking over the child’s upbringing. This will entail having financial and educational authority factors over the youngster.
What Justifies Temporary Guardianship?
In order to protect the child’s interests, a temporary guardianship may be requested for one or several of the following reasons:
- The children’s parents are unable to take care of the child due to financial problems or medical or mental incompetence.
- One of the child’s parents dies, and the other is unable to care for the child.
- The temporary guardian (typically a stepparent) wishes to care for the child, however the biological parent objects.
- The child’s guardian will be abroad due to work or another significant reason.
- The child’s parents are divorced or cannot agree on parenting arrangements because they live far apart.
- If one or both of the parties are imprisoned, their time behind bars renders them automatically incapable of caring for the child. Parental duty may be delegated to a guardian in this situation, who is typically a family member or another reliable adult, while the offending parent is in jail.
- When a child needs immediate medical care, and the parent is not available.
- When a child experiences abuse from one or both parents, a court may grant temporary guardianship rights to other family members, such as an aunt, uncle, a grandparent or grandparents. Family members or close friends could serve as a substitute or temporary guardians.
Who is eligible to serve as a temporary guardian?
The guardian must be qualified to care for the child before you may name them as temporary guardians. A person may not be eligible to serve as a temporary guardian for the following reasons:
- Being younger than 18
- being judged unfit to provide for the needs of the child
- having a history of domestic violence, neglect, abuse, or exploitation.
How Long Does Temporary Guardianship Last?
According on state laws and the circumstances underlying the necessity for guardianship, the length of a temporary guardianship varies. Most states only allow temporary custody to last for 60 days at the most, after which you will need to decide whether to continue the arrangement.
Additionally, you may be able to request a temporary guardianship for a period of six months under exceptional circumstances. Temporary guardianship can sometimes last only a short while, particularly in situations where a close friend fills in for the absent parent due to a medical emergency.
Methods for Terminating Temporary Guardianship Outside of Court
If the agreement for the temporary guardianship was not made after a court case, you could end it without a judge’s intervention (like a CPS investigation).
The court will assume there was a necessity to protect the kid when legal action was necessary. Therefore, the guardian will require evidence to exonerate themselves of this claim.
In most cases, the temporary guardians of the kid can discontinue the arrangement by writing a stipulation if they decide to do so. Additionally, no legal action will be required. Depending on the state, a child who is older than 14 has a voice in the matter as well.
The parties’ agreement that the guardianship agreement is terminated should be confirmed by this clause in the termination of interim guardianship without court.
The agreement must also include the grounds for termination (often that the guardianship arrangement was no longer necessary at the time of the agreement) and the appropriate custody arrangement that will be in effect moving forward.
It must be signed in front of a notary public before being submitted to a court for consideration and eventual approval. Even though interim guardianship without court involvement requires some paperwork, it is nevertheless a quicker and more effective alternative to court action.
Why Is a Temporary Guardianship Being Terminated?
A temporary guardianship is only valid for the time period specified. Therefore, canceling the guardianship arrangement on behalf of both parties can make sense if there is no longer the need for temporary custody.
The following are some justifications for ending temporary guardianship:
- If a temporary guardianship was required because of an emergency, you can end the guardianship when the emergency has passed or you can get in touch with the child’s parents.
- The child is now 18 years old.
- Even if the ward passes away, the guardians are still required to end the guardianship. Before closing the custody, the guardians might be required to submit an accounting, and there will be an hearing for the account before a case can be concluded.
- In the event that the protected individual is relocated to another state, guardianship could be revoked. Prior to ending the guardianship, you must confirm (and collect convincing evidence of) the protected person’s new guardian in a new state.
- If the child decides to get married or if new parents adopt the child.
- The mom is now capable of caring for the youngster. However, the dad must demonstrate that they are now capable of assuming custody of the child and providing for their needs.
How Can I Regain Guardianship?
Depending on how custody was originally transferred from original guardians, gaining permanent guardianship back may be possible.
You can easily regain custody of your child if you agreed to temporary guardianship and both you and the temporary guardians want to end the arrangement.
But before you may regain custody in a case where the court imposed interim guardianship owing to an underlying reason, you must convince the court that the reason is no longer a worry. Following are some actions to take:
Make sure you have proof to show that the circumstance that made you need to give up guardianship no longer exists. It might be testimony from witnesses, a medical report, or financial records. Depending on the underlying cause of the guardianship transfer, different proof may be required.
Make an appeal to a higher court
If you want to properly challenge the custody decision, you must provide forms of document as proof to a higher court. An appeal must be successful and provide details on the child’s requirements and preferences (if the child picks you over the other parent who has custody).
You must also show that you are capable of meeting the child’s requirements, whether or not child support is paid. You might also need to provide evidence that the existing situation is not in the child’s best interests.
Prepare for the trial.
If the other side requests a compromise, you can review their petition while you wait for the trial to begin. After that, you can either agree with the petition or prepare the appropriate documents to oppose it.
A family law attorney is necessary because the hearing will take place in a family law court.
During the trial, the court will review the petitions of both parties and determine whether to grant joint or temporary possession to either party or extra visitation to you based on what is best for the child.
Because of how guardianship agreements affect children, it is a sensitive subject that requires the highest consideration. Thus, unless the arrangement is entirely amicable and free from any kind of dispute, you may generally only create or terminate temporary guardianship through courts.
The courts will only permit the termination of temporary guardianships if they can meet the needs of the child. A motion to do so must be made when the circumstances warrant it.
If the temporary guardian and both parents agree, they can jointly terminate the guardianship without going to court before the present guardianship agreement expires (barring any ongoing legal or child protection investigation that affects their legal position)!
Before signing a guardianship agreement, be aware of your state’s laws since they may differ from the requirements. The Huggins Law Office steps in at this point. Are you currently bothered with a temporary guardianship that has outlived its usefulness?
You will receive all the legal assistance you need from our seasoned family law attorneys to renege on that arrangement and get back together with your ward.
For more information on how https://www.hugginslawoffice.com/ can help you on your Child Guardianship, please contact us at (702) 387-4014, or visit us here:
8683 W Sahara Ave #180, Las Vegas, NV 89117, United States