How to Get Passport without Father
Guardianship of Minor

Guardianship of a minor is a legal process that gives the guardian authority to care for and to make decisions on behalf of a child. Learn about the legal process of guardianship, the role of a guardian, and how to get help with filing for guardianship.

Parents are usually their child's default legal guardians. This means they are their child's primary physical and legal custodian. They are responsible for making decisions to ensure their child's well-being. The decisions may include medical care, child support, and custody of the child.

Sometimes, a child's parents cannot make decisions in their child's best interests. If that happens, a child may need a different adult to make decisions for their well-being. One option is a guardian of a minor, one type of guardianship. Legal guardianship is a legal relationship established by court order.

A guardian is someone authorized to make critical decisions for an incapacitated person. An incapacitated person cannot make decisions for themselves, usually due to illness or injury. In the case of a minor, their age is an incapacity. A child cannot enroll in school or get medical treatment on their own. A guardian may be necessary if a child's parent or parents cannot care for them.

This article will explore the guardian selection process, the guardian's responsibilities, and the guardianship's termination.

The Difference Between Legal Guardianship and Custody
It is easy to confuse the terms "legal guardianship" and "custody." Both terms relate to children but differ based on the person involved in either relationship.

In legal guardianship, a different adult, not the minor child's parent, has the legal authority to make decisions for the child.

Custody usually involves a child's parent and is often used in the context of a divorce. When parents divorce, they can split their child's physical custody and legal custody or make other custody arrangements.

The court wants to reduce harm and trauma to a child removed from their parent's care. Courts prefer to choose a guardian with ties to the child, such as a family member. Selecting someone the child already knows may ease their anxiety and help them adjust to a new home.

Interested parties can file guardianship petitions in either family court or probate court. Guardianship proceedings begin with filing a petition for letters of guardianship and paying a filing fee. The interested party may request a waiver if the filing fee is too expensive.

The court will schedule at least one hearing and take evidence, including affidavits. The court will also consider the proposed guardian's character, history, and ability to care for the child. A court may enlist the help of a court investigator to check the proposed guardian's background.

The court examines the proposed guardian's history because this person makes essential decisions for the minor child. Guardians are court-appointed to decide on the minor's medical care and finances. They are also responsible for the child's welfare.

Once the court grants the petition for letters of guardianship, it will order an appointment of a guardian via court order. The court can choose between guardianship of the person and guardianship of the estate. The court can also appoint one person to fulfill both roles, or it can establish co-guardians. A guardian of the person handles all decisions except decisions related to finances. A guardian of the estate manages the ward's finances and property.

While parental rights do not terminate in the guardianship process, the legal guardian is the only person who can make decisions for the minor child. Depending on the circumstances, the parent(s) may visit and maintain a relationship with their child.

If you have sole custody of your child and want to get them a passport, you must provide proof that you have sole legal custody. When you go to see a Passport Acceptance Agent, make sure that you bring along documentation that states you have sole custody, such as:

The child’s birth certificate that lists you as the only parent
A court order showing that you have sole custody of the child

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