Nashville Guardianship Lawyer

Nashville Guardianship Attorney In Nashville, TN

Guardianship is a legal instrument that allows minor children in need of support and stability to be placed under the legal care of a family member or another party. If you are struggling to navigate Tennessee guardianship laws, a Nashville guardianship lawyer can be a powerful asset for steering your case to the most favorable outcome. The team at Mathis, Bates & Klinghard, PLLC offers comprehensive legal assistance for families going through a guardianship case.

Every guardianship case is unique, as they can stem from a long list of potential situations, such as:

• Children left without parents after a sudden accident or medical emergency.
• Children who do not have the necessary level of supervision or care due to a parent’s medical condition or substance abuse issue.
• Children left without a caregiver in the home after a parent is incarcerated on criminal charges.
• Abandoned children.
• Families looking for a viable alternative to full adoption.

Why Choose Us

At Mathis, Bates & Klinghard, PLLC, we know how important family law matters like guardianship can be. We prioritize client communications and having flexible availability so that our clients can reach us outside of business hours. With our highly experienced team of attorneys on your side, you can be confident that your case will be handled with care.

Understanding Guardianship Cases in Nashville, TN

With around 140,000 citizens under the age of 18, and higher-than-average indicators for at-risk youth in categories like poverty and lack of health insurance, Tennessee guardianship laws play an important role in getting Nashville kids back to a safe and healthy situation when they’re facing a variety of challenging and traumatic situations.

While guardianship is a crucial legal option in Nashville’s family courts, that doesn’t make it the right tool for every situation. Before moving ahead with attempting to launch a guardianship case, it may be important to distinguish guardianship from other, similar legal concepts:

• Guardianship vs. adoption. Guardianship can be a viable alternative to adoption in some situations, but there are different rights and responsibilities involved, so it’s important to discuss the differences with a knowledgeable attorney. For example, in a situation where it is expected or hoped that the birth parents will eventually be able to step back into a primary caregiver role, guardianship would be more appropriate than adoption.
• Guardianship vs. conservatorship. Guardianship typically only applies to minor children. Adults who need special care and oversight may be subject to a similar legal procedure called conservatorship, in which another trusted adult is appointed by the court to help them make important financial decisions and other major life choices.
• Guardianship vs. custody. Rather than two separate ideas, guardianship and custody should be thought of as related and overlapping terms. “Custody” refers to the legal concept of a minor child being placed in the care of a particular adult (usually, but not always, a parent).

Custody applies in both the physical sense of the child being placed in that adult’s home and in the more abstract sense of the adult having the right to make decisions on behalf of the minor child. Guardianship, on the other hand, is a specific legal procedure of which custody is one element.

Looking for Help in Family Court? Hire a Guardianship Lawyer

If you find yourself involved in a guardianship case, or even if you’re just starting the process of looking into legal guardianship, it can be in your interests to hire a guardianship lawyer right away. A good legal team can give you a chance of success in any type of court case, even if the matter initially seems straightforward. After all, the minor child may have legal representation, usually a guardian ad litem appointed by the court. It only makes sense for you to as well.

A guardianship case that begins as an apparent simple matter, with all parties on the same page and a mutual intention to provide for the child and assert their best interests, can quickly be derailed by unsure parents, parties with ulterior motives, or unforeseen conflicts. A Nashville guardianship attorney from Mathis, Bates & Klinghard, PLLC, provides a shield from this turmoil, effectively handling the legal process while you focus on your family.

FAQs

How Does Guardianship Work in Tennessee?

Guardianship works in Tennessee by placing at-risk children in the care of a trusted adult, whether that be a relative, family friend, or foster care provider, and backing this placement with the full legal authority of the Tennessee courts. When a child’s parents are unable to care for them, guardianship offers them a path to a better life.

What Disqualifies a Person From Being a Guardian in Nashville?

There are many things that can potentially disqualify a person from being a guardian, but each guardianship case is unique and will be assessed by the Davidson County Probate Court on Public Square on its own individual merits. One example: an extensive criminal record that includes violent crimes against children would most likely disqualify someone from consideration as a legal guardian.

What Are the Disadvantages of Being a Guardian?

The “disadvantages” of being a guardian depend entirely on your perspective. Some guardians may wish they had the rights of full adoptive parents, while many others are content because guardianship is the perfect tool for their family’s unique situation. There are always financial and emotional costs to raising children, but many who choose to have families don’t see these investments as “disadvantages.”

What Does a Guardianship Allow You to Do?

A guardianship allows you to legally care for a minor child whose parents are unable to provide for them, either temporarily or on a long-term basis, until the child reaches the age of 18. While guardianship can be thought of as similar to adoption in some ways, these are separate legal tools that entail completely different sets of rights and responsibilities.

Mathis, Bates & Klinghard, PLLC – Nashville’s Trusted Guardianship Attorneys

Whether you are trying to establish legal rights so that you can care for your grandchildren while their parent recovers from a serious health issue, or you’re trying to provide long-term stability for a child whose primary caregivers have passed away unexpectedly, guardianship laws in Tennessee may provide the legal framework you need to make it happen.

If you need help with a guardianship matter in the Nashville, TN, area, the law firm of Mathis, Bates & Klinghard, PLLC can help. Contact us today so we can learn more about your situation and discuss your legal options going forward.