Guardianship means the rights, responsibilities, and decision-making power for your child.
If you want to be involved in a child’s life in an important and meaningful way after separation, among your wishes, you most likely would want to be determined as a guardian over the child.
How to Qualify to Be a Legal Guardian of a Child
You may qualify to be a legal guardian of a child if you are a parent of a child and you have ‘demonstrated an intention to assume the responsibility of a guardian’. You can demonstrate the intention of being a guardian by meeting the following criteria:
- Being the birth mother;
- Being married to the birth mother at the time when the child was born; or
- Being in an adult interdependent relationship with the birth mother at the time of birth or after the birth.
- agreement to be a guardian;
- Living with the birth mother for 12 months or more, during which time the child was born;
- Voluntarily providing reasonable direct or indirect financial or other support (not by Court Order) for the child and or birth mother during or after the pregnancy.
A guardian has the ability to make important decisions for the child, for example like how they will be schooled, attending school meetings for the child, deciding what activities the child will engage in, where the child will live, and what religion the child will follow. If you want to be given the legal recognition to be able to make decisions for your child or children, then contact us and we will be happy to assist you in helping you to become recognized as a guardian.
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What are the two types of guardianship?
There is full guardianship and limited guardianship. When it comes to guardianship over children, we are usually dealing with full guardianship.
Is guardianship better than custody?
It depends on what you are trying to accomplish. If you want to be involved with major decision-making for the child, then only having guardianship is a good option. But if you want to spend time with the child and have more of an involvement in the child’s life, then it would be a good idea to get parenting time and access with the child as well.
What are the benefits of guardianship?
You will be involved in the major decisions affecting the child including medical, educational and religious decisions for the child and your consent will be required for major decisions relating to the child including needing your consent for the child to relocate to another jurisdiction.