Parents should carefully consider who they would choose to raise their children should one of them pass away. If the parents cannot decide on a guardian, a court may appoint someone to care for the children. However, the court may not choose a person you would personally choose. In that case, guardianship will not be effective. When one or both parents are alive, parental rights remain in place and guardianship will not take effect.
Parents may not be able to make the best decision for their children. When a guardian is appointed, the court suspends the rights of the parents and gives them temporary custody of the child. The guardian will have certain allowances and must notify the parents. Nonetheless, the court will act in the best interest of the child. Whether guardianship should be granted depends on the circumstances. Regardless of the situation, parents must understand that guardianship does not override parental rights.
A guardian is responsible for raising a minor child until they reach the age of majority or the court deems them incapable. During this time, a parent may decide that they do not have the time or financial means to care for their child. In this situation, guardians must step in and take on the responsibility for the child’s upbringing and education. However, guardianships are not the same as adoption, so parents should make sure that they are aware of the difference.
