HOW DO I GET MINOR GUARDIANSHIP IN MICHIGAN?

One of the most failed systems we have in place in the State of Michigan is protecting children. Too many times do we see children staying in homes that are not safe or good for them. But as it stands currently, the law is on the side of the parents. I don’t want to paint a picture where gaining guardianship is impossible, however in some cases, it will be an uphill battle. In minor guardianship cases working with a Michigan probate lawyer is going to be one of the best decisions you can make when deciding to take on this type of legal tangle. 

There are many situations where an individual seeks full guardianship of a minor. However, to legally get guardianship you have to follow the Michigan statute MCL 700.5204. Essentially what the law states is that first, to even file for minor guardianship it has to be done by a person interested in the welfare of a minor, or it can be filed by a minor who is 14 years or older. Once a petition is filed typically guardian ad litem (sometimes referred to as a GAL) is appointed to the case to investigate and determine if guardianship is needed or required. If the minor child is unmarried, a court may appoint a full guardian when the parental rights of both parents are terminated or suspended by a prior court order, the parents are deceased, deemed incapacitated (unable to cognitively make financial or medical decisions for themselves), if both parents have disappeared or currently confined whether that be by prison or jail. Another instance is that the parent or parents permit the minor child to reside with a family member or friend, but they do give the legal authority to make medical decisions, enroll the child up for school, or literally anything. That individual is then forced to file for guardianship in order to make decisions that are in the best interest of the minor child. To file for guardianship in this instance, the minor child must be residing with the individual filing and the parent or parents gave consent to the minor child to reside there. 

Where things get tricky is when all these elements are missing, and you know the child is in danger or in unsafe environment. Essentially if the parent or parents have not consented to the guardianship, are not incarcerated, not deemed incapacitated, not deceased, and their parental rights have not been terminated, it will be an uphill battle. In these instances, to improve your odds, child protective services will have to be involved and request that the child be removed from the environment. A lot of times we see grandparents try to file for guardianship because their adult child is abusing drugs and alcohol or neglecting their child and they want to get involved but their child doesn’t let them. Unless one of the elements mentioned earlier happens or CPS petitions the removal it will be very difficult for a Judge to approve the guardianship. Again, this is where working with a grand rapids probate lawyers can give the edge and knowledge you need to fight the system and save the child you care about. 

If you find yourself in this situation, please call The Law Offices of Sean Patrick Cox, P.L.L.C. in Grand Rapids, Michigan at 616-942-6404, to set up a free consultation.