Attorney Representation for Guardianship of Minor Children

My law firm assists clients throughout Central Florida in Guardianship cases. The need to establish Guardianship of a child often is the result of a family tragedy, and can be a difficult time for families. I understand the sensitivity of these situations and will provide you with compassionate counsel focused on a positive outcome.

By law, parents are the child’s legal guardian. Guardianship of a minor is a proceeding in the circuit courts of Florida that grants legal authority over the child to someone other than the child’s parents if their parents are unable to raise them or are deceased. The guardian must act in the best interest of the child’s welfare and well-being, and may also be the child’s fiduciary. Guardianship is subject to court oversight.

For parents with minor children, it is especially important that they have an estate plan that provides for these protections in advance. When such a plan is not in place, the court is required to step in. Florida law obligates the court to appoint a guardian for a child when:

  • The child loses both parents, or both parents become incapacitated;
  • A child receives an inheritance, insurance proceeds or a legal settlement exceeding $15,000. In this instance, the natural parent can serve as guardian of the property for the minor child.

Who Can Petition for Guardianship of a Child?

Members of the family or another person interested in the child’s welfare may petition to seek Guardianship through the court. The person appointed guardian of a child’s assets does not need to be the same person who cares for the child personally.

Attorney Kathleen Flammia can help you understand how Guardianships work and how to navigate the legal process smoothly and efficiently. Each case demands experience and understanding of the details, facts, complications, and circumstances that arise.

Preneed Guardian for a Minor

Parents may also name someone to act as a of Guardian for their minor children in a nomination of Guardian for Minor Children document should both parents become incapacitated, or upon the death of the last surviving parent. This legal document tells the court your preference of the individual(s) to have legal responsibility for your children’s person and/or property.

Do you have questions regarding the appointment of a guardian for a child?

Protecting the rights of a minor child is an important part of my practice, and I will provide you with knowledgeable legal counsel in all Guardianship matters. I have significant experience with setting up Guardianships for minor children, and understand the many scenarios presented by financial, legal and personal needs of children.

If you wish to become a child’s guardian, I can assist you with filing the necessary legal paperwork, handle any disputes that may arise, and help you fulfill your legal duties. I also represent clients in contested Guardianship cases.

Make these important decisions for your children now.

Do you have a plan in place for your children if something were to happen to you and your spouse?

Who would you appoint to serve as guardian of your child, if suddenly you could no longer care for them? I can help you put a proper plan in place for your peace of mind and for your children’s future.

Contact us today for a confidential and informative consultation regarding Guardianship of a child to learn more.