Child Guardianship in Florida

When it comes to ensuring the safety and well-being of your children, the decision to establish a child guardianship is one of the most important steps you can take. Whether you’re a grandparent, relative, or close family friend, you must consider several factors regarding child guardianship in Florida.

The process can seem overwhelming, but understanding the key details and your legal rights can help make the process smoother.

Guardianship lawyers At Robinson & Casey, PLLC, we are here to guide you through every aspect of child guardianship. Here’s everything you need to know about child guardianship in Florida, including how to get started, what to expect, and important state-specific considerations.

Schedule a Free Consultation

What Is Child Guardianship?

Child guardianship is a legal arrangement in which a court gives someone other than the child’s biological parents the authority to care for and make decisions on behalf of the child.

Guardianship can be temporary or permanent and typically occurs when a child’s parents cannot care for them due to illness, incapacity, or other situations that might make the parents unfit to provide a safe environment.

In Florida, guardianship can be established in several ways, such as through the court or a voluntary guardianship process initiated by the parents. The court must determine if guardianship is in the child’s best interests before appointing a guardian.

Types of Guardianship in Florida

Different types of guardianship can be granted, depending on the circumstances:

Temporary Guardianship
Temporary guardianship is typically granted when there is an urgent need for someone to care for the child for a short period of time. This may happen if the parents cannot care for the child due to illness, travel, or other unexpected situations. Courts generally grant temporary guardianships for up to 90 days but can sometimes extend them.
Permanent Guardianship
Permanent guardianship is a more long-term arrangement for when the parents cannot provide adequate care for the child over an extended period. Courts generally grant this type of guardianship when they find the parents are unfit or when reunification with the parents is not in the child’s best interest.
Guardianship of a Minor
If a child’s parents die or cannot care for the child, the court may appoint a legal guardian to assume full responsibility for the child’s upbringing. This permanent guardianship involves the guardian making important decisions regarding education, medical care, and other matters of the child’s welfare.
Guardianship of an Adult with Disabilities
In cases where an adult who has reached the age of majority cannot care for themselves, guardianship may protect that adult. This type of guardianship typically applies to adults with intellectual or developmental disabilities.

Who Can Be a Guardian in Florida?

In Florida, the court generally prefers to appoint a close relative as a guardian, such as a grandparent, aunt, uncle, or sibling. However, if the court cannot identify a suitable, available relative, it may appoint a family friend or other trusted adult.

The individual seeking guardianship must be at least 18 years old, a U.S. citizen or legal resident, and capable of providing a safe, stable home environment.

The court will also conduct a background check to ensure the prospective guardian has no criminal history or history of abuse, neglect, or exploitation. Sometimes, the court may require the guardian to undergo training to prepare them to care for the child.

The Guardianship Process in Florida

The process for establishing child guardianship in Florida involves several important steps:

Filing a Petition
The first step in the guardianship process is to file a petition with the court. The petition must include detailed information about the child, the parents (if they are living), and the proposed guardian. It will also outline the reasons why guardianship is necessary and how the guardian intends to care for the child.
Court Hearing
After filing the petition, a court will schedule a hearing. During this hearing, the judge will review the petition and may ask questions to both the petitioner (the person requesting guardianship) and the biological parents. The court may also request input from child welfare services or other professionals who understand the child’s situation.
Home Study
Sometimes, the court will order a home study to assess the prospective guardian’s living situation. A licensed social worker or other professional will visit the guardian’s home, interview the family members, and assess whether the home is appropriate for the child’s needs.
Final Judgment
After reviewing all the information, the judge will issue a final decision regarding guardianship. If the judge approves the guardianship, they will issue an official guardianship order, which grants the guardian legal authority to make decisions for the child.
Ongoing Oversight
Once guardianship is established, the court may periodically review the case to ensure that the guardian meets the child’s needs and fulfills their responsibilities.

Important Legal Considerations for Guardianship in Florida

When pursuing a child guardianship case in Florida, you will need a lawyer who understands:

Parental Rights: Florida law gives parents the right to challenge the guardianship if they feel it is not in the child’s best interest. If a parent contests the guardianship, the court will hold a hearing to determine whether the guardianship should remain in place or be revoked.
Guardianship vs. Adoption: Guardianship differs from adoption. Adoption creates a permanent legal relationship between the child and the adoptive parent, severing the legal rights of the biological parents. Guardianship, on the other hand, allows the guardian to care for the child while preserving the legal rights of the biological parents.
Revocation of Guardianship: In some cases, the court may terminate a guardianship arrangement if the guardian fails in their responsibilities or if the circumstances of the child change.
Residing in Florida: In Florida, particularly in large counties like Miami-Dade, Broward, and Palm Beach, and cities like Tampa, Orlando, and Jacksonville, the court may consider local laws, resources, and support networks when determining the best guardian for a child. Different counties may have unique rules or procedures for child guardianship, so you need a lawyer who knows the local courts and legal standards.

Important Florida Statutes Regarding Guardianship

Several important Florida statutes govern child guardianship. These include:

Florida Statutes Chapter 744 – Guardianship
This chapter outlines the procedures for appointing a guardian for both minor children and adults with disabilities.
Florida Statutes Section 751.01 – Temporary Guardianship
This statute allows for appointing a temporary guardian for a child, typically in emergency situations.
Florida Statutes Section 39.402 – Emergency Shelter Care
This statute addresses situations where the state removes a child from their home and places them under emergency care while the state processes a guardianship petition.

Why You Should Consider Legal Assistance

Navigating the guardianship process, especially when dealing with emotional and logistical challenges, requires an experienced lawyer. A lawyer with a clear understanding of Florida’s guardianship laws can make the process easier and more efficient.

At Robinson & Casey, PLLC, we are here to help you understand your rights and responsibilities as a potential guardian and ensure that the process goes smoothly.

Whether you live near the Miami Seaquarium and the Everglades National Park or in urban centers such as Jacksonville, Tampa, or St. Petersburg, we can guide you through Florida’s guardianship laws.

Our team knows the court procedures in various counties and helps families make informed decisions for the children who matter most.

If you’re considering guardianship for a child in Florida, don’t hesitate to reach out. We are here to provide the information and guidance you need to make the best decision for your family.