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Should I Petition the Court For Long-Term Relative Custody, or a Guardianship of My Grandchild?

If both parents have died, or one parent has died and the other parent is unfit, a guardianship is probably appropriate. If you will be receiving money on behalf of the child from social security, insurance, or settlement funds, then an Orlando guardianship is necessary. You will file a petition for plenary guardian of your grandchild. You will request to be guardian on the person and property.

The guardian of the person is responsible for care of the person such as medical care, dental care, and psychological care, if necessary. You will file a plan with the court each year as to the medical care the child is receiving.

The Guardian of the property is responsible for the finances of the child. If the child is receiving social security due to the parent’s death, insurance death benefit funds, or settlement funds from a lawsuit, you are responsible for these funds. Most likely the court will make you keep the funds in a restricted depository and have a bond. You will file an inventory (guardian plan of the property) yearly. This will detail to the court regarding the child’s monies.

If you are seeking to put the child on your insurance, enroll the child in school, or obtain medical care for the child, a long term relative custody will suffice to meet this goal. Usually, this is appropriate when both parents are unfit, or have abandoned the child and the child is living with you and you are currently acting as the parent. However, if there are money issues involved in this scenario, you will need to go the guardianship route. You would have to serve the parents that you allege are unfit. You would also have to notice the other grandparents regarding this action.

In an Orlando guardianship case, you would have to send formal notice to all the appropriate parties per the guardianship statute.

In Orange County, Florida, Judge Rodriguez is currently handling the cases where a parent dies and the other parent is unfit.

Occasionally, if the mother has been living with her boyfriend that is not the child’s biological father and she dies, DCFS may be called in to find the child’s relatives, or biological father to care for the child. This case would be in dependency court. If you are a grandparent, you have a right to attend the hearings and receive the court paperwork. You may also petition for custody of the child.