The Importance of Legal Guardianship for Minors

More than just a formality, guardianships help protect children

The Annie E. Casey Foundation recently found that 1 in 20 children live in a home where their main caregiver is not a parent. The majority are cared for by a grandparent or other family member (commonly referred to as “kin” in the child welfare system), but only some of these cases are set up as legal guardianships. Keeping children with family members is always preferred, when possible, but even these arrangements need to be filed with the state court system.

Parents are the natural guardians of their child or children. But issues may arise when, due to a number of reasons, someone else needs to care for the children for a few weeks to many years or even permanently.

In Ohio, filing for legal guardianship is not mandatory. For temporary arrangements and in situations where the parents agree, the legal process is optional. However, situations can change and establishing legal guardianship (even a temporary one) should be considered for the best interest of the child or children.

What Is Legal Guardianship?

Guardianship of a minor is the legal term used to define a relationship between an individual and a guardian who is not their parent. Guardianships are established when parents are unable to take care of their child or children.

Guardianships can be temporary or long term. They are not a form of judgement or punishment for any involved person, they are set up to protect the minor in need of care. A lawyer can help you navigate the guardianship process which, in Ohio, is filed and processed in Probate Court.

Why Does It Need to Be a Legal Agreement?

Nonparents, even when they are family members, do not have automatic legal rights to make decisions concerning a child. Decisions such as medical care and school enrollment require signatures by parents or legal guardians. Informal arrangements mean that regular check-ups and entering school can be delayed or forgotten.

Establishing a formal guardianship also allows for all parties involved to set guidelines for roles within the agreement and provide stability for the child.

How Are Legal Guardianships Established?

The state of Ohio provides the online forms necessary to form a legal guardianship of a minor. That said, a trusted probate attorney is needed to define the roles and timeline of the guardianship as well as help you navigate the Probate Court system.

Lawyers who specialize in guardianships will be there with you every step of the way to answer any questions you might have and ensure all forms are properly completed and filed with the court, from filing the initial petition through the court hearing and mandatory updates to the court on a set schedule. Each of these steps are set in place so all involved parties, including the court, know the minor child is protected and cared for.

If you have questions or need help in establishing the guardianship of a minor, please reach out to a guardianship lawyer in the greater Cincinnati area, who is compassionate and available to help simplify the process.