Guardianship Of Minors

When a child is in an unsafe living situation at home, sometimes a nonparent relative or other concerned adult will step in and take over as the child’s legal guardian. If you are trying to become the guardian of a minor, attorney Emmanuel Miguelez of Miguelez Law will help you fight for the child’s well-being.

In Florida, a child’s parents automatically have the right to make legal decisions on his or her behalf. But when the parents are unavailable or unable to perform this duty, the court may appoint someone else, who becomes the child’s guardian. The guardian is typically a relative, such as a grandparent, aunt, uncle or older sibling, but can also be an employee of the state or a family friend. If the child is old enough, the court may consider his or her preferences for guardian.

A Legal Guardians’ Responsibilities In Florida

As the guardian of a minor, you will oversee the child’s upbringing and make sure his or her legal rights are protected. Among your responsibilities will be:

  • Arrange for a residence
  • Apply for public housing and other assistance if needed
  • File lawsuits on the child’s behalf when necessary

Except in cases of temporary guardianship, the guardian generally maintains legal authority over the child, or “ward,” until the ward reaches the age of majority.

If one or both parents are still alive, it is necessary for the court to deem the parent or parents unable or unfit to be the child’s guardian. The parent may contest losing his or her parental rights, which can lead to highly contentious court proceedings. Mr. Miguelez is a skilled litigator who will help you stand up for the child’s best interests.

Questions? Talk To Our Lawyer

Contact us at Miguelez Law by calling 305-967-7412 to schedule a free initial consultation with attorney Emmanuel Miguelez regarding guardianship of a minor. Our office is in Coral Gables, and we assist clients throughout Miami-Dade County. Hablamos español.