In certain circumstances, it is necessary for the Probate Court to determine someone other than a child’s parent(s) should have custody of a child and/or manage the child’s property or estate. This occurs when one or both parents cannot care for their children anymore. In a guardianship, parents will still have parental rights and reasonable visitation with the child. Guardians are usually supervised by the Probate Court.

There are two types of guardianships to consider: guardianship of the person and guardianship of the estate.

In a guardianship of the person proceeding, the court will determine who has the responsibility to care for a minor child. This includes legal and physical custody of a child. Having legal custody of a child entitles the custodian to make decisions regarding a child’s health, education and welfare. Becoming the physical custodian of a minor requires the guardian to provide food, clothing, shelter, transportation, and supervision, among other things for the child.

In a guardianship of the estate proceeding, the court appoints a non-parent to manage a child’s income, money, or other property until the child turns 18. A guardian of a child’s estate may be required to wisely invest a child’s money and carefully manage the child’s property.

The attorneys at Lewis, Warren & Setzer have experience guiding those people who are faced with needing to obtain guardianship over a minor child or several children. Please contact us to schedule a consultation if you are seeking a guardianship or already involved in such a proceeding.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.