We’ve all heard about cases where temporary guardianship for the care of children gets granted to another party for a set amount of time. This can happen in many ways. For instance, temporary guardianship becomes favorable if the parent plans to go out of time for an extended period of time. But there are certain legal procedures involved when doing this like finding out if the local government requires a specific temporary guardianship form for you to accomplish.

Temporary Guardianship Forms

What does it mean to have temporary guardianship?

Temporary guardianship refers to a relationship formed when one of a child’s parents grants custody of their child to another adult or entity. Generally, courts grant these to attain a purpose for a set period of time. After the purpose of the guardianship has finished, it gets terminated.

The granting of temporary guardianship allows a minor to live with someone else who isn’t their parents. The responsible adult who takes in the child can make important decisions for the child in the case of an emergency. Aside from this, the guardian is also responsible for handling situations and making decisions for the child even when it comes to educational matters.

Before filling out a temporary guardianship form, the first step you should take is to determine whether there is a need for temporary guardianship. In the case of a parent who shares custody of the child with the other parent, there may not be a need for a temporary guardianship agreement. The other parent can take over in the absence of the other.

For single parents with sole custody and for widows, there may be a need for temporary guardianship in cases where they can’t readily care for, make decisions or handle the concerns of the child. This is when guardianship forms come into play.

Temporary Guardianship Agreements

When do you need a temporary guardianship form?

There are several possible reasons why you might need a temporary custody form. This official arrangement does not merely involve taking care of the child as it also allows you to take care of someone else’s financial, medical, and personal matters for a given period of time. It could be a voluntary decision on your part to help someone important to you. The court also has the authority to appoint you for temporary guardianship.

There is a difference between what guardianship and temporary guardianship are and this difference lies in the amount of time that the guardianship remains. A guardianship is typically indefinite whereas a temporary guardianship gets terminated after a certain period of time. After that time, the guardian will no longer have the right to handle someone else’s affairs.

Furthermore, the temporary nature of this kind of guardianship may help you overcome a health condition or allow you to manage a minor’s assets until they grow into an adult. You can create a temporary guardianship letter for different reasons like:

  • Incapacitation
    The person in question becomes incapacitated and can no longer make their own decisions. This state isn’t permanent, therefore, the guardianship will only remain until the person recovers.
  • Substitution
    You can enter a temporary guardianship agreement if the person’s usual guardian cannot become available for a certain period of time. For example, if the child’s guardian will leave the country for an extended period of time. You can also handle the legal responsibilities for an incapacitated adult or an elderly loved one until the regular guardian returns.
  • Emergency
    Emergencies require a faster course of action. In such a case, a temporary guardian can get appointed even without guardianship forms because there isn’t any time to undergo the process of choosing someone to be the child’s permanent guardian. A temporary guardian is sometimes called an emergency guardian. However, this doesn’t always have to happen because of emergencies.

In different jurisdictions across the country, a temporary guardian may only get appointed for the purpose of representing an estate holder close to dying. Some states require the presentation of evidence that there is no other individual who can make decisions on behalf of the estate holder before a court can grant temporary guardianship.

Temporary Custody Forms

Can a parent give temporary guardianship?

Guardianship is typically a permanent situation, especially when the parent dies, however, you may only request temporary guardianship in certain situations. Giving another party guardianship of your child should only happen when there is no other recourse. In most states, there is a way by which you may request the court to grant temporary guardianship of your child to another person for a specific reason and a set amount of time.

Usually, this involves the use of a temporary guardianship form. The most common reasons to do this are:

  • If you become very sick and have to spend an extended amount of time in the hospital away from your child.
  • If you need to travel for work for an indefinite or extended period of time.
  • If you suffer from some kind of disability and you need assistance.

You must also remember that guardianship gives the other person the right to make important decisions for your child. The good news is that the courts may monitor the relationship from time to time. As one of the parents, you shouldn’t even consider giving temporary guardianship if the other parent can care for your child.

In addition, if you have a close member of your family who could help out, consider them first. In this case, the school administration of your child may ask for a temporary custody form and other legal documents if you request a close family member for help.

You can apply for temporary guardianship through the local surrogate or family court. If you have no idea which court to approach, call someone and ask. Court personnel may also help you complete the necessary guardianship forms, but they cannot offer legal advice.

Finally, the judge would have the last word on whether or not to grant guardianship. It’s recommended to consult with a lawyer before you take any further action as this may affect your future parental rights.

Does a temporary guardianship need to be notarized?

Temporary guardianship is a legal matter. Use a legal temporary guardianship form should you decide to provide short-term care of your child to another party. Like most legal processes, you should notarize the documents submitted to the courts first before submitting them.

The parents also need to affix their signatures and have the temporary guardianship agreement notarized. In case the other parent is either unknown, has no legal rights or deceased, the signature of the remaining parent would suffice.

How long does a temporary guardianship form last?

How long the courts will maintain temporary guardianship depends upon state statutes and the circumstances involved. If the temporary guardianship has reached its time limit, the court may extend the agreement for a longer-term or for additional short periods of time should the courts find valid causes for it.

Like a power of attorney or a living will, a temporary guardianship can set its time period too. But the courts can also have the discretion to modify this period if there is good cause for it. In short, the temporary guardianship can last for as long as determined by the court.

It will exist as long as it’s necessary to keep the child protected or until the specific purpose of the agreement gets completed. If you think that the order of the guardianship is no longer necessary or relevant, you can always petition the court to terminate the agreement.

What is the difference between temporary guardianship and temporary custody?

The use of temporary guardianship and custody are often confused in their functions. But they are similar in the sense that both have the potential to allow a non-parent or one of the parents to make decisions for the child. Their difference lies in their finality and time. Furthermore, temporary guardianship needs parental consent, however, the court’s order will determine custody.

Temporary guardianships allow the child’s physical custody to a guardian only for a specific amount of time. For instance, a parent may need to be medically confined or need to leave the country for a long period of time. In such cases, the parent should agree to temporary guardianship presented in writing. Temporary guardianships cannot get granted by courts if the parents don’t agree.

A temporary guardianship won’t terminate the rights of the parent to their child. But during the course of temporary guardianship, the guardian will have the same rights as a parent. They can agree to actions like the child’s school enrollment or medical treatment. Moreover, the court might also ask the temporary guardian for status reports to ensure the well-being of the child.

As for custody, this gets decided through a civil lawsuit brought by either of the child’s parents, a relative or any other individual with a parent-child relationship who wants to claim the right to custody of a child. People often associate custody lawsuits with divorce. In some states, they require the disputing parties on the child’s custody to try mediating a custody agreement first.

The mediated agreement may get incorporated by the court into the custody decree. But when there is sufficient evidence of the child’s maltreatment, there is no need for such an agreement. The child’s best interests always come first by the court before affirming a custody agreement, regardless of the parties’ wishes.

TemplateLab May 25th, 2020