If you are dealing with a situation that has issues regarding child custody and legal guardianship, it is in your best interests to contact an experienced child custody lawyer . This portion of the site is for informational purposes only. We can guide you through each step of the guardianship process, from filing the petition with the court to arranging the hearing to obtain the legal guardianship. A permanent guardianship remains effective until your stepchild reaches age 18. Legal guardianship is one of the options available to parents who are planning for the care of their children in their absence due to a variety of situations, such as illness or incarceration. If your family is feuding, emotions run high and can turn ugly. A guardian may be assigned by a probate court when an adult becomes incapacitated or is otherwise unable to make important decisions on their own. If you are not certain of his consent, under the facts you have provided above, it is unlikely that you could prevail on an action to terminate his rights, because he has not technically abandoned the child. The process for obtaining legal rights and responsibilities for stepchildren can vary greatly by location. A step-parent adoption can be done, but to do that the rights of the child's biological father must be terminated. Legal guardianship can be granted for a short length of time (a few weeks or months) or more permanently until a minor child turns 18. We are not a law firm, or a substitute for an attorney or law firm. The court will also require you to attach any other documentation the court would find relevant. This aspect of ID Guardianship law states that the court can end a guardianship if the Idaho guardian fails to provide adequate care. Unlike biological parents, a step-parent cannot obtain parental responsibility simply by marrying the child’s biological parent. As far as the law is concerned, you have no authority over them. This includes responsibility for your stepchild's health, medical decisions, and school decisions. Seek legal counsel – if necessary – to ensure success in your quest to secure guardianship of a minor. By signing the form, you're swearing under oath that everything on that document is the truth. Extended Family: Either parent can sign an authorization for a stepparent, grandparent, or another person to have a copy of the child’s records or discuss the records with someone at the practice. SCATJ Guardianship Frequently Asked Questions Guardianship in South Carolina Frequently Asked Questions from a Caregiver or Potential Guardian WARNING: You are strongly encouraged to seek the advice of an attorney in any legal matter. TalkingParents blogs are for informational purposes only and should not be construed as legal advice. Legal issues regarding guardianship can get complicated quickly, especially if your situation also features problems related to child custody. Courts always prefer a biological relative when determining guardianship of a child. Stepparents often pursue legal guardianship of stepchildren because of the authority it provides them. However, the child’s other relatives can object to guardianship and this can … Am I a step-parent? You can apply to be a child’s special guardian if you’re not their parent and you’re over 18. There are exceptions to this general rule, however. The content is not legal advice. When a stepparent is made the legal guardian of a stepchild, both biological parents will still keep all their financial and legal responsibilities regarding the … Unlike stepparent adoption, a legal guardianship doesn’t legally sever the ties between biological parents and their children. To discuss your individual circumstances and your options for establishing guardianship in Pennsylvania, please contact Bierly & Rabuck to … There are however various ways in which a step-parent can obtain parental responsibility for their stepchild. However, state law on custody can influence this issue. It is a parental right, and the other parent can’t block that without legal documentation. In emergency situations, you may not have the authority necessary to make a decision on behalf of your stepchild. Stepparents often pursue legal guardianship of stepchildren because of the authority it provides them. You can get parental responsibility for your stepchild through a parenting order or adoption. As our parents age, our roles often reverse. But you can change that by assuming legal guardianship. As a step-parent, you don’t automatically have legal parental responsibility for your stepchild. 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