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Legal Guardianship Related Questions

What is guardianship?

Guardianship is granted by the court to someone other than the parents. When someone receives legal guardianship they have the right to make decisions for the child and their upbringing, during the time that the parents have no rights to the children. The parents may be allowed visitation and sometimes supervised visitation but are not allowed to care and have the children in their custody. Read below where legal Experts have answered some of the most asked questions on legal guardianship.

What is general guardianship?

General guardianship is just the same as legal guardianship. The guardianship is permanent until the court stops it or unless the court has put a cease time on the guardianship.

What is the difference between temporary custody and guardianship?

Guardianship is where the parents give up their rights to the child to another person. Temporary custody is just as it says -- it’s temporary. The parents still have rights to their child, and can regain custody at any given time unless the court sees that in best interest of the child that they are placed back in the care of the parents.

If someone lives in the United States and has legal guardianship of their sibling from overseas can they petition for immigration and the United States recognize it?

A petition for immigration will normally take about ten years. The United States only allows immigration if they are an immediate family member, or unless they were adopted before the age of sixteen. However, to only bring the sibling over for a temporary stay, they can apply for Humanitarian Parole, but that will only allow them to visit for a short time.

Can someone reverse legal guardianship if the children were once in foster care?

In most cases they can’t reverse the guardianship. Unless they volunteered from DHS then they just can’t walk away from the duties they said they would do. The only way to give up the guardianship is to either find another party to accept the guardianship or talk to DHS and see if they can’t have the child placed with another party.

If someone has dropped the petition for guardianship can the lawyer contact the court to see that the child be removed from the parent and into foster care?

Technically, this sort of thing can happen. In these types of cases the child has their own attorney while the person the petition of the guardianship has their own. They are two different parties. One may have dropped the case, but the other may still feel as if they need to be removed from the home. Before anything else happens they may want to hire an attorney to see them in court for the judgments.

There are different types of guardianship. There is legal guardianship and temporary guardianship. Legal guardianship has full rights to the child, and the parent’s gives up their rights. Whereas temporary guardianship is just temporary, the parents have the right to regain their rights to the child and have the guardian ship place back in the home. To receive easy to understand, fast and affordable answers based on an evaluation of your case details ask an Expert.
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Recent Guardianship Questions

  • My husband and I are undergoing an International adoption from

    My husband and I are undergoing an International adoption from India. I am a U.S. Citizen and my husband is an Indian National. The child will be 0-3. We have consulted with our adoption agency and an outside adoption lawyer on the following question and we were given conflicting information.
    1. Would our adopted child return to the United States on either the IH-3 or the IH-4?
    2. Our adoption agency is saying that the child would return on the IH-4 visa but don't we (as the parents) apply for the visa at the U.S. Embassy or Consulate? The State department states on their website that if we make an early visitation before the adoption is final we could qualify to apply for the IH-3 instead. So the IH-4 would mean we have guardianship until the adoption is final in the state of Virginia (which I have read takes two years) compared to the IH-3 which would mean citizenship is automatic? On outside adoption lawyer told us that the adoption would be final, and the child would come back on the IH-3.
    3. Basically if we could find out if our adoption agency and the orphanage in India has control over what kind of visa the child will return on to the U.S or if I follow the specified guidelines for the IH-3 and we do the extra visit before the adoption is finalized so they have a chance at automatic citizenship. Thanks! Amber
  • I have legal custody of my granddaughter and wish to give guardianship

    I have legal custody of my granddaughter and wish to give guardianship to my siter and her husband...what do I need to do?
  • I currently live in Lake County Florida my oldest son is 23

    I currently live in Lake County Florida my oldest son is 23 and his wife is 21, they live in Brandon In Hillsborough county. I'm trying to grant them guardianship of my 16 year old son, so that he may live with them and attend high school there, how can I go about doing this?
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