You have the guardianship scenario where there’s a short-term guardianship. For example, a parent might recognize that they’re not in a good spot to parent their child at the moment. They don’t want to give away their rights, but maybe a grandparent has offered to watch the child for the next six months. In this case, they can establish a short-term guardianship without going to court. This involves filling out a form, getting it notarized, signed, and witnessed. A short-term guardianship can be terminated at any time and automatically expires after 365 days. If needed, it can be renewed by completing the same process again after the 365 days.

The next step would be if a parent feels they aren’t in a position to care for their child and doesn’t know when they will be able to. In such cases, they can work with a relative, like a grandparent, to file for guardianship in probate court. Similar to adoption, a guardian ad litem (GAL) is appointed to investigate what would be in the best interest of the child. Often, when both parents are involved, there might be competing claims from family members like grandparents or aunts and uncles. For instance, there might be paternal grandparents versus maternal grandparents vying for guardianship. The outcome usually depends on the GAL’s investigation, and as an attorney, I work with the GAL and my clients to present their case effectively, showing why they are in the best position to care for the child.