July 6, 2023
When a child’s parents cannot care for them, it can be difficult and painful for everyone involved. In Florida, there are two primary legal options for providing care for children in these situations: custody by extended family members and guardianship. Both options have unique benefits and drawbacks, and it’s essential to understand their differences before making any decisions.
Custody by Extended Family Members
Custody by extended family members is a legal option in Florida that allows a relative of the child to take over care and custody of the child. This can be a grandparent, aunt, uncle, or other close family member.
Moreover, custody by extended family members is typically used when the child’s parents are still alive but cannot provide adequate care for the child due to issues such as substance abuse, mental illness, or incarceration.
To obtain custody by extended family members, the relative must petition the court to demonstrate that they can provide the child with a safe and stable home. The court will consider several factors when determining custody, including the child’s best interests.
One of the primary benefits of custody by extended family members is that it allows the child to remain within their extended family network, which can help to minimize disruption and trauma for the child.
Additionally, custody by extended family members typically results in less involvement from the state than guardianship, which can benefit families who wish to maintain more control over the child’s care.
However, custody by extended family members does have some drawbacks. For one, it does not provide the same level of legal authority as guardianship. Custody by extended family members only grants the relative the right to make decisions regarding the child’s care and custody. Still, it does not allow them to make decisions regarding the child’s education, medical care, or other vital matters.
Custody by Guardianship
Guardianship is another legal option for providing care for children in Florida. Guardianship is typically used when the child’s parents are deceased or cannot provide adequate care due to substance abuse, mental illness, or incarceration.
To obtain guardianship, the potential guardian must submit a petition to the court, demonstrating that they can offer the child a secure and stable home. When determining guardianship, the court will consider several factors, including the child’s welfare.
One of the primary benefits of guardianship is that it provides the guardian with a greater level of legal authority than custody by extended family members. A guardian can make decisions regarding the child’s care, custody, education, medical care, and other essential matters. This can be particularly important when the child requires specialized medical care or educational services.
However, guardianship also has some drawbacks. One potential drawback is that it can be a more involved and complex legal process than custody by extended family members. Guardianship typically requires more court involvement, and the guardian may be required to submit regular reports to the court regarding the child’s well-being.
Additionally, guardianship may result in more involvement from the state than custody by extended family members. This can be a benefit in some situations, as the state may be able to provide additional resources and support for the child. However, it can also be a drawback for families who wish to maintain more control over their child’s care.
Which Option Is Right for You?
Deciding between custody by extended family members and guardianship can be difficult. Ultimately, the decision will depend on the specific circumstances of your situation and what is in the child’s best interests.
If the child’s parents are still alive and you wish to maintain more control over the child’s care, custody by extended family members may be the best option. This can allow the child to remain within their extended family network and result in less involvement from the state.
Guardianship may be the best option if the child’s parents are deceased or unable to provide adequate care. This can give the guardian greater legal authority and can be particularly important when the child requires specialized medical care or educational services.
It’s important to remember that custody by extended family members and guardianship are legal options that provide children with a safe and stable home. By working with an experienced family law attorney, you can determine which option is best for your situation and ensure that the child’s best interests are protected.
Conclusion
Family law custody in Florida is a complex process, and ensuring you have suitable representation to protect your rights and secure the best possible outcome for you and your children is crucial. Hiring a family lawyer can help you understand your options and navigate the legal process safely and effectively. Ultimately, hiring a family lawyer can provide peace of mind, knowing that your case is in the hands of an experienced professional.
Dorsey Law JAX has a team of experienced family lawyers in Jacksonville who guide you through the process and protect you and your children’s interests. Our attorneys specialize in family law, criminal law, and personal injury, and we are equipped to handle any challenges that may arise during custody. Contact us now to schedule a consultation and take the first step toward a positive outcome for you and your family.
