Guardianship Lawyer in Missouri
If you’re navigating the world of legal guardianship in Missouri, there’s a good chance you’re feeling overwhelmed. Many times, when a person is seeking to be appointed as a child’s guardian, it is an urgent and unplanned matter. At McCartney Law, we can assist you with obtaining temporary guardianship in Missouri or developing other guardianship solutions.
Understanding Missouri Guardianship Laws
Guardianship of a minor is a legal process in which an adult is appointed by the court to take over the care and custody of a minor child. As a guardian, you would also have legal authority to make key decisions about the child’s life, including education, medical care, housing, and overall welfare.
A petition for guardianship typically occurs when a child’s natural parents are unfit, unable, or unwilling to fulfill those duties.
In Missouri, guardianship is distinct from other legal tools like a Durable Power of Attorney. A guardianship can only be established or ended by a court order. This ensures the child’s needs are met by someone the court determines is capable, qualified, and committed to acting in their best interests.
Who Can Be a Guardian in Missouri?
Missouri law prioritizes guardianship appointments in this order:
- Someone nominated by the parents (if they are able).
- A minor child’s choice (if they are 14 or older).
- A family member, such as a grandparent, adult sibling, or other close relative.
- An unrelated person, but only if the court finds no suitable family member.
Your relationship with the child and your ability to provide a stable, loving environment are key factors the court considers.
How to Become a Legal Guardian in Missouri
Gaining guardianship of a minor can feel overwhelming, but it’s structured to protect the child and ensure the right person steps into the role. Here’s how:
- Filing a Petition: This starts with submitting a formal request to the court in the child’s county.
- Background Investigation: The court will likely require a background check to ensure you are a suitable candidate.
- Hearing: At this stage, the judge reviews the evidence and hears testimony about the child’s needs and your ability to meet them.
- Court Decision: If the court determines you are the best fit, you will be granted Letters of Guardianship, giving you the authority to act on the child’s behalf.
Types of Guardianship in Missouri for Minors
We can help you file a petition for guardianship, no matter what situation you’re facing. We have helped clients with:
Full Guardianship: Grants complete responsibility for a child’s care, including education, healthcare, and daily needs, typically when parents cannot fulfill their role.
Temporary Guardianship: Provides short-term care for a child, often during emergencies like parental hospitalization or deployment, lasting up to six months.
Co-Guardianship: Shares guardianship duties between two or more individuals to collaboratively care for the child.
Emergency Guardianship: A court-appointed guardian for urgent situations where a child’s safety or well-being is at immediate risk.
Work With a Guardianship Attorney in Columbia, MO
The guardianship process can be complex and emotional. Having a skilled attorney to guide you is invaluable.
Let us handle all the legal details while you focus on providing love and stability for the child in your care. Chrissy has more than 20 years of experience as a family lawyer in Missouri and has helped hundreds of clients manage guardianship and adoption cases.
Contact McCartney Law to learn more about our guardianship law services today.