Springfield Guardianship Lawyer
Guardianship Attorney In Springfield, TN
Legal guardianships are the official way of providing parental rights over a child and formalizing the care that the adult is already providing. Unfortunately, this process can be complicated. A Springfield, TN guardianship lawyer can help relatives and other adults navigate the process of securing a guardianship for a minor child.
Compassionate and Communicative Legal Support at MBK Legal
At Mathis, Bates & Klinghard PLLC, we have decades of combined experience in family law, and we can help you navigate a case to secure guardianship of a minor. Guardianships may be necessary to protect the well-being of a child and stability in their life. Our team brings care, compassion, and dedication to your case. We understand the complexity of these cases and can help you every step of the way, protecting the best interests of the child who needs a guardian.
Our team prioritizes quick communication and can talk you through each step of the guardianship process. Our firm has professional relations with nearby family and juvenile courts, including the Juvenile Court Clerk on 529 S Brown Street.
How Does a Guardianship Work in Springfield?
A child’s biological and legal parents are their legal guardians, but there are situations where a parent cannot provide for their child’s best interests. Death, child abandonment, incapacitation, incarceration, and other circumstances are cases where another adult may be appointed as the child’s legal guardian temporarily or permanently.
Over 26% of Springfield’s population is under the age of 18. A guardianship can put an adult in charge of a child’s care and their legal affairs. The guardian can make important decisions for a child, such as where they go to school, the healthcare they receive, and where they live. These are choices that adults who are not the child’s parents are not legally allowed to make without court approval as a guardian.
Who Can File for a Guardianship?
Under Tennessee law, anyone can file a guardianship for a minor if they have knowledge of the reasons that require the establishment of a guardianship. The petition can be filed with the family and juvenile court. If the child’s biological parent or parents are alive, they must be notified of the court case and served with papers.
While any adult can file for a guardianship, the court will prioritize close relatives to the child while also considering the child’s best interests. The court considers potential guardians in the following order:
- The child’s parent or parents
- Individuals designated by the child’s parents as a guardian in a will or other document
- The child’s adult siblings
- The child’s closest relatives
- Other individuals
The court wants to preserve familial relationships, if possible, but will not put the child in a situation that is not in their interests. A potential guardian must show that they can financially provide for the child and that they are physically and emotionally capable of caring for the child. The court may also review the home environment of a potential guardian.
How Long Do Guardianships Last?
Generally, a guardianship will terminate when the minor in the guardianship reaches the age of 18. The guardian or another interested person can petition the court to extend the guardianship until the minor turns 25, as long as the petition is filed:
- Not over 90 days before the minor turns 18
- Before the preliminary final accounting is filed with the court
The person filing the petition must give proof of why the guardianship should continue. The court will consider:
- The best interests of the minor under the guardianship
- The minor’s ability to manage and control their property
Within 60 days of the termination of a guardianship, the person appointed as the guardian must file a preliminary final accounting with the court, which lists the assets and other financial information in the estate.
FAQs
How Much Does a Springfield Lawyer Cost for a Guardianship?
The cost to hire a guardianship lawyer for establishing a guardianship will vary depending on an attorney’s knowledge and experience, as well as the complexity of your case. A lawyer may charge a flat fee or an hourly rate with a retainer fee. Guardianship cases that are contested and go to trial are more likely to be more costly.
How Do You Get Legal Guardianship in Tennessee?
A: You can file for a legal guardianship in Tennessee by filing a petition with the juvenile court in the county the minor lives in or where their biological or custodial parent(s) live. Any person who knows a child’s circumstances that require a guardianship can file a petition, but the court will prioritize relatives for a guardian. You are much more likely to successfully secure a legal guardianship with the help of a Springfield guardianship attorney.
What Disqualifies You From Being a Guardian in Springfield?
In Springfield, guardianships of a minor are determined based on the child’s best interests, so you could be disqualified as a guardian if the court decides you cannot support the child’s best interests.
Unlike conservatorship applications, guardianship applications do not require the petitioner or proposed guardian to include information about criminal convictions. However, a conviction would likely be considered by the court. It’s important to discuss your situation with an attorney to navigate a guardianship application more successfully.
What Are the Pitfalls of Guardianships in Springfield?
Guardianships can have drawbacks, such as how complex they are to establish, but there are many benefits. They ensure that a minor child has an adult caring for them and provides the needed legal rights to make decisions for that child. However, being a guardian requires a lot of time and comes with legal obligations to adhere to.
Hire a Guardianship Lawyer and Fight for a Child’s Interests
Securing a guardianship can be complicated and requires significant proof and explanation of why it is the right choice for a minor. It can be even harder when a child’s biological parents are alive but failing to provide for the child. At Mathis, Bates & Klinghard PLLC, we can help you obtain a guardianship. Contact us today.
