Michigan Guardianship Lawyer - Kraayeveld Family Law

Have you found yourself in the middle of a disagreement about the guardianship of your child? At Kraayeveld Family Law, our attorneys can help you resolve these contentious matters efficiently and effectively.

We offer thorough support with everything from drafting and filing petitions and other documents to representing you in negotiations or at trial as necessary. Our goal has remained the same for more than 30 years in practice: to meet your unique needs and achieve positive results for you and your family.

For a thorough discussion of your guardianship litigation case, contact Kraayeveld Family Law today. You’ll speak with a Michigan guardianship attorney in an initial consultation session.

Why You Need an Attorney to Handle Your Guardianship Litigation Matter

When dealing with contentious disagreements over matters of child guardianship, having experienced counsel by your side is essential. This is true whether you aim to become a guardian, want to remain the guardian, or oppose an existing or potential guardianship arrangement.

If you’re seeking guardianship of a child, a Michigan guardianship lawyer from Kraayeveld Family Law can clearly explain the legal requirements involved and prepare the necessary documents to strengthen your case. They can also represent you in court, presenting your situation in a way that highlights your suitability for this important obligation.

If you have been the guardian of a child for some time, and one of the parents wants to terminate the guardianship, the lawyers at Kraayeveld Family Law can guide you through the litigation to keep the guardianship in place.

Conversely, if you’re contesting guardianship, an attorney from our law firm can articulate your concerns about why the proposed guardian is unsuitable for the child’s needs. They can gather and present evidence that supports your position and work to protect the child’s best interests.

In each of these scenarios, a Kraayeveld Family Law attorney can guide you through the complexities of the family law system, respond to legal actions from the other side, and communicate effectively with other involved parties, including the court. This support can help you manage the stress and emotional strain that often accompanies guardianship cases, making it easier for you to focus on the child’s well-being.

Moreover, our attorneys and legal support staff provide the care and support clients need to see things through. Having your guardianship matter resolved is the most important thing for you during this time, so we make responsiveness a priority. We have a one-business-day guarantee in place, so that you will never have to wait longer than necessary for us to answer your calls and emails and keep you updated on your case.

Why Would Someone Seek Guardianship of a Minor?

People seek guardianship of minors for several important reasons. One common scenario is the parents’ absence or incapacity. If parents cannot care for their children due to illness, absence, or other significant challenges, someone else might need to step in to provide a stable environment for the children.

When Would Guardianship Be Considered Appropriate in Family Law?

Guardianship arrangements are appropriate when a child needs a stable and safe home environment that their parents cannot provide. This situation could arise if a child’s parents are dealing with serious health issues, do not have the capacity or willingness to care for their child, have passed away, or are absent due to reasons like military deployment or incarceration.

Sometimes, guardianship could be necessary if parents struggle with addiction or other behaviors that put the child’s safety and well-being at risk. Courts also look to guardianship as a solution when parents are involved in intense conflicts that severely impact their ability to care for their children. Establishing guardianship allows another responsible adult to make critical decisions about a child’s education, health care, and general welfare.

What Happens in the Guardianship Litigation Process?

Once a guardianship is established and a legal parent of the child wants to terminate the guardianship, the guardian may disagree that it’s time to return the children to the parent’s living arrangement. The court will review parties’ written pleadings and conduct a hearing to determine if the guardianship should be terminated or be continued.

During the hearing, the judge listens to testimony from the involved parties, including the guardian and the child’s parent(s), and sometimes the child themselves, depending on their age and maturity level. The judge might also consider reports from social workers or psychologists. After hearing this evidence, the judge decides whether to continue the guardianship based on the legal standard of the child’s best interests.

Does Children’s Protective Services Ever Need to Be Involved?

It depends. Michigan Children’s Protective Services (CPS) gets involved in some guardianship cases, especially when there are concerns about the child’s safety or well-being. CPS will step in to investigate any allegations of neglect, abuse, or endangerment by the parents or the guardian. Their role is to ensure the child’s safety and to assess whether the child’s current living situation poses any risks. Based on their findings, CPS might recommend changes, including the appointment or termination of a guardian.

What’s the Difference Between Custody and Guardianship?

Custody and guardianship are legal terms that refer to the authority to care for a child, but they involve different rights and responsibilities.

Custody usually refers to a parent’s rights over their child, including the right to make decisions about the child’s upbringing, education, and health care. Custody can be either sole, in which case one parent has full responsibility, or joint, meaning both parents share that authority.

Guardianship is the authority of a court-appointed guardian who is not necessarily the child’s parent. The powers of a guardian in Michigan include the ability to make decisions similar to those of a custodial parent. As such, a guardian might also handle legal and financial matters for the child, especially if the parents cannot do so. Courts often appoint guardians in cases where parents cannot care for their children due to various reasons like incapacity or absence.

What Are the Types of Guardianships for Minors in the State of Michigan?

Guardianship cases in Michigan cover a variety of arrangements tailored to meet the unique needs of minors. The following are some of the key types of guardianships recognized in Michigan, each designed to address specific circumstances:

Full Guardianship involves a guardian with comprehensive responsibility for a minor’s care, including decision-making about education, health care, and general welfare. Courts often establish full guardianship when parents can no longer care for their children to ensure the guardian can make broad decisions to support the child’s best interests.
Temporary Guardianship is often suitable for situations requiring immediate care. This type of guardianship allows a guardian to make decisions for a minor during a limited period. This might be necessary if parents are temporarily unable to care for their children due to illnesses or other emergencies.
Limited Guardianship restricts the guardian’s powers to specific areas of the minor’s life. For example, a limited guardian might have authority only over the child’s educational decisions but not their religious upbringing. This setup allows courts to tailor the guardianship arrangement to the child’s specific needs without removing more parental rights than necessary.

How Long Do Guardianships Last?

In Michigan, the duration of guardianship depends on the type of guardianship and the child’s needs. Temporary guardianships are short-term and typically last up to six months. Full and limited guardianships can last until the child turns 18, but the court could decide to end it sooner due to changes in circumstances such as parents regaining their ability to provide care. Standby and successor guardianships activate upon specific events and continue until the child is an adult.

Contact Our Michigan Guardianship Litigation Attorneys Today

Do you need assistance with guardianship litigation in Michigan? Reach out to Kraayeveld Family Law for the dedicated legal representation you deserve. Our experienced lawyers are committed to supporting your family through the legal process and managing your guardianship concerns efficiently and effectively.