What does one mean by guardianship?
It is called guardianship when it is granted by the court to someone other than the parents. When one gets the legal guardianship of a child, that person will have the power to take important decisions for the child. At this point of time, the parents will not have any rights towards the child. They will only be given visitation rights. In some cases, the visitation may be supervised. However, they will not be able to look after the child or take the child in their custody. Given below are popular questions about legal guardianship: What is the meaning of general guardianship?
General guardianship is similar to legal guardianship. In such cases, the guardianship will remain forever unless the court gives an order to change it or puts cease time on it. A person lives in the United States and has guardianship of their sibling who lives in a different country. In such a situation, can the individual apply for immigration and will the US recognize the guardianship?
In most situations, a petition for the immigration of the sibling may take up to 10 years. The US will only permit the immigration of immediate family members or children who are adopted before the age of 16. However, the individual can get permission to get the sibling to the US for a temporary period of time. One can apply for Humanitarian Payroll and the sibling will be permitted to visit. Is it possible to reverse the legal guardianship of children who were in foster care?
Most of the times, guardianship cannot be reversed. Unless the guardian volunteered from DHS, he/she cannot walk away from his/her responsibilities. The only way one can change the guardianship is if someone else agree to be the guardian of the child or if the individual can talk to DHS and find another family to keep the child with. Someone dropped the petition for guardianship. Can the lawyer, in such a scenario, ask the court to take the child away from the parent and place him/her in foster care?
It may be possible for the lawyer to request the court to do so. In such situations, the child will be given an attorney and the individual who is petitioning for guardianship will have an attorney. They will be treated like two different parties. How different is temporary custody from guardianship?
In guardianship, the parents give up their parental rights to another person whereas temporary custody is not permanent. It is a temporary arrangement. The parents will retain their parental rights in temporary custody and can get the child back whenever they want unless the court orders otherwise. There are various kinds of guardianship available to people. Some of them are temporary guardianship and legal guardianship. The parents are made to give up their rights and the guardian gets all the rights towards the child in legal guardianship. The parents may not lose their rights in temporary guardianship. They may get it back once the child comes home. It may not be easy to understand the different kinds of guardianship. One may ask a family lawyer if one has any questions about the same.
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