Terminating temporary guardianship is usually done through court. However, is it possible to do that without court? For your information, temporary guardianship is a legal arrangement where a child is turned over to the care of an adult other than their current legal guardians for the time being.
The temporary guardian can be someone who has a relation to the child, but they may not be. The temporary guardian needs to be able to fulfil the needs of the child such as the child’s basic needs, taking care of medical emergencies, providing education and finance, and so on for a temporary period of time.
Terminating Temporary Guardianship Without Court
Is it possible to terminate temporary guardianship without court? Yes, it is. However, you are able to do that as long as the temporary guardianship agreement was not created after a legal proceeding like a CPS investigation.
Let’s assume that the parents of the child and the temporary guardian agree to terminate the agreement. Then, the legal proceeding is not needed and the temporary guardianship can be terminated by signing a stipulation. If the child is over 14 years old, the child has a voice in the situation as well. In the stipulation, it must be confirmed that all parties involved agree that the guardianship agreement is terminated. The reasons for termination also need to be included in it.
Then, it needs to be signed in front of a notary and after that the document will be handed over to a judge where the judge will review and approve it.
If you decide to terminate a temporary guardianship without a court, it can be done like this, but as you read that legal formality is still involved.
Some Reasons Why a Temporary Guardianship is Terminated
A temporary guardianship cannot be terminated as you want. There must be reasons for that. Here are some reasons why a temporary guardianship is terminated according to the Lawrina.
- The child is 18 years old.
- The reason why you became a temporary guardian was because of an emergency and now the emergency or the crisis is over.
- If you are a temporary guardian in cases where the ward dies, you still need to terminate the guardianship.
- A temporary guardianship can be terminated if the child moved to another state. However, for this case, the temporary guardian needs to make sure that the child has a new guardian in the new state where the child lives now. The temporary guardian needs to make sure it before the temporary guardianship is terminated.
- The new parents adopt the child or the child gets married.
How Long Can Someone Be a Temporary Guardian?
When you are trusted to be a temporary guardian for a child by someone, you may not decide to take the responsibility yet because you are afraid that you cannot do that. And one of the questions that may come to your mind is about the duration of becoming a temporary guardian.
Actually, the duration to be a temporary guardian depends on the laws of the state where you live and also the need for guardianship. In most states, a temporary guardianship can last only 60 days and after that, if needed, you are able to renew it. You are also able to be a temporary guardian for six months, but it is rare. However, being a temporary guardian can also be very short, for example in a medical emergency case.
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