New York adolescent guardianship attorneys Ethan Steward and Martin Mohr publish a new article (https://www.newyorkfamilylawgroup.com/practice-areas/adolescent-guardianship/) explaining adolescent guardianship in New York York. Lawyers say that if someone is applying for guardianship of a teenager or a minor under the age of 17, it can be difficult to navigate the process. Applying for guardianship can be complicated without the help of a qualified attorney.
“A guardian or ‘legal guardian’ is a person or agency who has full authority to be responsible for the custody of a child. These rights can be granted to a child under the age of 18, or from 18 to 21 if the young person consents. This is very similar to custody and adoption. A person asks the court to be legally responsible for the custody of their child – their “guardian”. They have the same legal authority as a parent to make decisions for the child,” the article from New York’s teen guardianship attorneys states.
Attorney Martin Mohr says a typical guardianship ends when the child turns 18. Guardianship also ends when the child marries or dies. Additionally, adult parents, close family friends, and child welfare agencies can all apply for guardianship.
Family law attorney Ethan Steward also adds that guardianship can be awarded in a variety of situations. If both parents of the child die, the child may need a guardian. If one or both parents are deported and the child must remain in the United States, a guardian may be necessary for the child’s well-being. Guardianship can also be granted if a child is being abused and/or is in an unstable living environment that is not in their “best interests”.
In the article, the lawyers also say that a parent may be able to apply for “standby guardianship” if they are ill and unable to care for the child. Guardianship only takes effect when the parent says it will or if the parent becomes too ill to care for the child.
According to the guardianship attorney, “At a guardianship hearing, the court will determine whether it is in the child’s ‘best interests’ to allow him or her to become their guardian. This will be based on your testimony, evidence regarding the child’s situation, the child’s wishes and any other applicable circumstances, such as the death or incapacity of one or both parents.
Finally, the lawyer emphasizes the importance of having a qualified lawyer when dealing with matters such as guardianship. A qualified attorney may be able to help the parents understand their roles and responsibilities in the divorce and help them reach a favorable agreement.
About New York Family Law Group
New York Family Law Group is founded by attorneys Martin Mohr and Ethan Steward. Together, the attorneys have over 30 years of experience dealing with family law in New York. They aim to give their clients competent representation and educate them on their rights while navigating the complicated terrain of family law issues. Contact them today at 718-293-1542 to schedule a consultation.
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