Guardianship of a child differs from adoption in that guardianship appoints a person to be responsible for the care and custody of a minor child without terminating the rights of the child's natural parents. A parent can petition the court to end the guardianship so that responsibility for the child can be returned to the parent. Most types of guardianship allow parental rights to remain intact except in cases where a child's welfare may be at risk.
Extended Emergency
The courts generally grant temporary guardianship for a specific period of time and for the purpose of achieving a particular purpose, according to the American Bar Association. When a minor child is involved, the court may grant temporary guardianship in the case of an emergency. Emergency guardianship is usually granted for a short time or until a hearing is scheduled to appoint a full guardian in the event of the parent's continued incapacitation or death.
Single Parent
Sometimes in cases where only one parent has custody of a minor child, the custodial parent appoints a limited guardian. The parent must sign the petition, which is filed in probate court. When the parent agrees to the appointment of a limited guardian, she voluntarily consents to the temporary suspension of her parental rights during the time of the limited guardianship. Limited guardianship confers all the same powers on the guardian as a regular guardian except that the guardian may not consent to an adoption of the minor child. The Michigan Calhoun County Probate Court specifies that appointing limited guardianship prevents the need to renew the power of attorney delegating to another the powers related to the care, custody and property of a minor child. Typically, the execution of a power of attorney involving a minor may not exceed six months.
When a parent wants to appoint a limited guardian, the parent must also prepare an explanation of why she is requesting a limited guardianship of the minor child. In some states, a document known as a placement plan must also outline the arrangements for financial support of the child, the length of the limited guardianship and the visitation schedule allowing the parent to maintain regular contact with the child. A parent must complete the requirements as indicated in the placement plan before petitioning the court for termination of the limited guardianship. Should a parent not make the effort to complete the steps of the placement plan, the minor child's guardian can ask the court to terminate the parent's parental rights so that the guardian can adopt the child.
Parental Unavailability
When a parent is unable to effectively carry out his parental duties on a temporary or permanent basis because of illness, mental incompetency, imprisonment or other reason, the court may appoint a full guardian giving that person the right to make and execute parental decisions. In cases where a parent has allowed a child to reside with another person, but has not given that person guardianship rights, the court may decide to give the individual the legal authority to care for the minor child. A child must be living with the proposed guardian at the time the petition for guardianship is filed. After a guardian has been appointed, the court has the right to order a review of a guardianship at any time. Although full guardianship can continue up until the time a minor child turns 18 years old, it can be modified or terminated by the parents, guardians or other interested parties by filing a petition with the court. However, the laws regarding permanent guardianships differ from state to state. In some states, a birth parent may not petition the court to terminate permanent guardianship, especially if the court determined that granting permanent guardianship is in the best interest of the child.
