Get Temporary Guardianship of a Minor | With or Without Court
Guardianship describes the role of a nonparent who steps in due to the parents' absence, incapacitation or death. It's different from custody, and temporary guardianship is different from temporary custody.
There are multiple reasons why a child might need a temporary guardian, and there are a few ways to go about it.
What is permanent guardianship?
If both parents are unfit to parent, missing, dead, or otherwise not expected ever to resume their caregiving responsibilities, their child needs a permanent caregiver. A court can appoint a guardian with no expiration date nor any condition for when the guardianship must end.
The term full guardianship or general guardianship implies the care of the person as well as the management of their finances.
It may take several months for the court to schedule a hearing and reach a decision. This is especially true if the guardianship is contested — for example, if relatives argue about who will take the child. The court may need to consider which arrangement would be in the child's best interests.
Ideally, parents plan in advance for a guardian, especially a guardian for when the parents die.
What is temporary guardianship?
Sometimes a parent is briefly unable — due to military deployment, hospitalization, etc. — to care for their child, but they anticipate they'll be able to resume parenting at some point. They're a fit parent, and they're not going to lose their child. They just need temporary help. A guardian may be appointed with an expiration date or a condition for when the guardianship must end (e.g., the parent's release from the hospital).
Once a guardianship expires, the guardian has no more rights to the child than a stranger, and the parent has the right to take their child back. Guardianship has no effect on parental rights.
How to get temporary guardianship through a court
In the United States, guardianship is usually handled in probate court, not family court. The court likely provides a form for making this request. It might cost a couple hundred dollars to file.
When seeking temporary guardianship, it's important to get parental consent in writing; otherwise, you'll have to explain to the court why you don't have it. For example, maybe the parents dropped off their child at your house a month ago and aren't taking your calls.
It's possible to apply simultaneously for permanent and temporary guardianship. The temporary guardianship takes effect while the court considers whether it should become permanent. This move may be appropriate when there are major concerns about a parent's health or sobriety and it isn't yet clear if they'll recover.
How to get temporary guardianship without a court
Sometimes guardians are established as a private arrangement. This might be done if (for example) a parent is traveling internationally for business and chooses to leave their child in the care of the next-door neighbor. The parent authorizes the neighbor to handle any school or medical situation that might arise while they're gone.
Do this in writing so that, should anyone ask the guardian for proof of their role, the guardian has a piece of paper to show. This may be sufficient for a short-term situation.
Temporary guardianship letter
Parents can write a letter giving temporary guardianship to a nonparent. You can find free templates for this kind of letter to ensure you're including important details. Your signatures should be notarized to prove it was really you who signed it.
If a parent is terminally ill or if you think your situation might be complex for any other reason, consult a lawyer.
How to name a guardian in a Custody X Change parenting plan
Naming a guardian in your parenting plan is easy with the Custody X Change online app.
Click the parenting plan tab, and select the category death.
Then fill in the name of the person you'd like the court to appoint as your child's guardian if that becomes necessary.
You can customize this with Custody X Change.
Print the plan, and sign it with the other parent. Then turn it in to your court to settle your custody case.