Temporary guardianship protects a minor child or incapacitated person by allowing another adult to temporarily take over parental or caregiver duties when the parent is unable to.
Read on to learn how to terminate temporary guardianship without court, factors to consider before termination, and alternative out-of-court methods to resolve conflict that may arise.
Reasons to Terminate Temporary Guardianship
You may be looking to terminate temporary guardianship because:
- The parent is in a position to take care of the child, unlike before
- The child has attained 18 years of age
- The stipulated duration of temporary guardianship has ended
- New parents have adopted the child
- The child has passed away
What is Temporary Guardianship?
Temporary guardianship is a legal arrangement that allows a minor child’s parents to transfer parental duties and custody to another adult for a limited time. This arrangement can also apply in situations where a caregiver transfers guardianship over an incapacitated adult due to an inability to provide care for various reasons.
Who is Eligible to Serve as a Temporary Guardian?
Temporary guardians must be individuals fit to provide for the child or incapacitated adult, ensuring they do not have a history of abuse, neglect, or domestic violence. The process involves signing a specific form of power of attorney, which grants them the authority to fulfill their duties as guardians temporarily.
- Use a limited power of attorney (POA) to grant specific authority to someone for managing financial or legal matters on behalf of an incapacitated adult, without granting full guardianship.
- Use a minor power of attorney (POA) to temporarily assign guardianship of a child, ensuring their basic needs, including food, shelter, education, nurturing, and medical care, are met while the parent is unavailable.
What are the Reasons for Temporary Guardianship?
In order to protect the child’s or incapacitated adult’s interest, temporary guardianship may be sought for several reasons:
- The parent has fallen ill or is recovering from a critical illness.
- The parent or caregiver is traveling away for work or any other reason.
- The parents are mentally, physically, or financially incapable of caring for the child.
- The parents are going through a divorce and cannot agree on child custody arrangements.
- The child has suffered abuse and neglect from one or both parents.
- One or both parents have died.
- One or both parents are detained or facing deportation.
- A minor child requires emergency medical care, but the parents are not available to make decisions.
It’s important to note that unlike temporary guardianship, which ends after a specified period, permanent guardianship lasts until the child reaches the legal age of 18.
Terminate Temporary Guardianship Without Going to Court
It’s possible to terminate temporary guardianship without going to court if the arrangement was made without the court’s involvement in the first place. The temporary and original guardian must agree on the termination for it to happen outside court.
The temporary guardian can also terminate the arrangement by writing the condition, after which no further legal action may be required. Temporary guardianships whose agreed period has elapsed can also be dissolved jointly and amicably by both parties.
Use this step-by-step guide to terminate temporary guardianship without having to go to court:
Step 1 – Agreement Between Parties
For the process to begin, the parties involved (temporary and original guardians) must mutually consent to this termination. This is typically presented in writing as both parties officially sign a form to record the decision. Cases where one party is not in agreement are appealed and decided by the court.
Step 2 – Documentation
When you submit your termination request for approval, the judge can deny ending the guardianship if they have reason to believe it’s not in the ward’s best interests — the person the guardian is caring for. Prepare and include all the required documents, such as notarization, revoked temporary guardianship form, and a written agreement, to hasten the process.
Step 3 – State-Specific Laws
As with many legal processes, the laws on terminating temporary guardianship differ from state to state. Ensure you understand your state’s laws to avoid wasting time and money on the wrong process. If you’re unsure of the proper procedure according to your state, consider seeking legal advice from a family law attorney.
Step 4 – Notarization and Submission
The temporary guardianship form to end the arrangement must be signed in front of a notary public through the notary acknowledgment form. Finally, submit the documents and await the court’s review and approval. You don’t have to present yourself physically at the court during submission.
Considerations Before Terminating Guardianship
Much evaluation must go into terminating guardianship because of its possible impacts on a child’s well-being. The court’s review process must consider various factors before approving the agreement, including:
- The termination is in the child’s best interests
- The new guardian is mentally, physically, and financially capable of meeting the child’s needs
- The documents include clear grounds for termination
- There’s a properly laid out plan for appropriate custody arrangements that will be in effect after termination
The request may be delayed or denied if any of the above factors are not clearly stipulated in the termination agreement.
Legal Process and Alternatives
Even if the parties involved come to an amicable agreement to terminate the guardianship originally ordered by the court, the new guardian must prove in court that they’re now capable of caring for the child.
Another scenario that may require the court’s involvement is when conflict arises between the parties. An example is when the temporary guardian opposes the termination with reason. However, you can explore cheaper and private alternative forms of conflict resolution instead of going to court.
- Mediation: Popular in family law cases, mediation involves a neutral third party who helps disputing parties agree without imposing a solution. It allows disputants to explore and talk about their feelings until there’s a voluntary and non-binding resolution.
- Arbitration: An impartial third party listens to each side argue its case and then makes a binding decision. These sessions may involve an attorney presenting evidence and negotiating other aspects of the process.
How Do I Get Guardianship Back?
You can still get guardianship over your child back even if you lost it through a court order. A judge will listen to petitions from both sides and give a ruling based on what’s best for the child. Here are a few things you can do to increase your chances of regaining guardianship:
- Gather solid proof to show that the reason for the loss of guardianship is no longer a problem. Pieces of evidence you can present include proof of employment, a doctor’s report, and accounts of changed behavior from witnesses.
- Appeal your loss of custody to a superior court by presenting the evidence and arguing your case in the child’s favor.
- Prepare thoroughly for the trial by working with a family law attorney and reviewing the opposing petition.
Conclusion
Terminating temporary guardianship can present various legal challenges, especially for those wanting to do it without going to court.
The most important things to consider during this process are whether the decision is in the child’s best interests and whether the new guardian is capable of providing it. All parties involved must also be in agreement, which must be presented in writing when submitting the request. If you’re feeling uncertain about the process, it’s best to consult a lawyer for professional legal advice.