Minor Guardianship in Pembroke Pines, FL
Minor guardianship helps families ensure children are cared for by the right people when parents cannot raise them due to death, incapacity, incarceration, or other circumstances. At Carol L. Grant, P.A., we help families across Pembroke Pines, Fort Lauderdale, Miami, and surrounding areas establish legal guardianships that protect children's wellbeing and give caregivers the authority they need to make important decisions about education, healthcare, and daily care.
When life brings unexpected changes, a parent's sudden illness, deployment, substance abuse issues, or tragedy, children need stability and someone with legal authority to care for them. Minor guardianship provides that protection. Whether you're a grandparent stepping in to raise your grandchildren, a relative taking custody after a parent's death, or a parent planning ahead for your children's future, we guide you through Florida's guardianship process with compassionate support. Carol Grant understands these situations are deeply personal and often emotionally difficult. She works with families in Broward and Miami-Dade Counties to create guardianship arrangements that serve the child's best interest while honoring family relationships. Call (954) 404-8274 to schedule your free consultation and learn how we can help protect the children you love.
Who Needs Minor Guardianship in Pembroke Pines?
You need minor guardianship when a child's parents cannot provide care and someone else must step in with legal authority to raise them. Common situations include grandparents caring for grandchildren whose parents struggle with addiction or mental illness, relatives taking in children after a parent's death or incarceration, family members providing temporary care while a parent receives medical treatment or serves in the military, or parents with terminal illnesses planning for their children's future care. Families across Pembroke Pines, Davie, Cooper City, and Miramar also use guardianship planning as part of their estate plans to designate who will raise their minor children if both parents die unexpectedly. If you're already caring for a child but lack legal authority to enroll them in school, consent to medical treatment, or make other parenting decisions, guardianship gives you the rights you need.
What to Expect When Working With Carol L. Grant
Minor guardianship in Florida follows a court process designed to protect the child's best interest while giving caregivers legal authority. The process varies slightly depending on whether you're planning ahead or responding to an emergency.
Initial Consultation and Assessment
We meet with you to understand your family situation, why guardianship is needed, and what type of guardianship arrangement serves the child best. You'll learn about the court process, required documentation, and what happens at each stage.
Preparing and Filing the Petition
We prepare a guardianship petition that explains why the child needs a guardian and why you're the right person to serve. For emergency situations, we can request temporary guardianship while the full process moves forward. The petition includes information about the parents, the child's needs, and your relationship to the child.
Notice to Parents and Interested Parties
Florida law requires parents and certain relatives to receive notice of the guardianship petition unless their rights have been terminated. We handle these legal notifications properly to avoid delays or complications in your case.
Court Hearing and Appointment
The judge reviews your petition and may hold a hearing where you explain why guardianship is needed. If parents consent or don't object, the process moves quickly. If parents contest the guardianship, additional hearings may be required. Once satisfied that guardianship serves the child's best interest, the judge issues an order appointing you as guardian.
Ongoing Responsibilities and Reporting
As guardian, you'll file an initial plan describing how you'll care for the child and manage any assets they own. Most minor guardianships require annual reports to the court. We help you understand your responsibilities and stay in compliance with Florida law throughout the guardianship.
Benefits of Minor Guardianship
Legal Authority to Make Parenting Decisions
Minor guardianship gives you full legal authority to make decisions about the child's education, medical care, extracurricular activities, and daily life. Without guardianship, schools won't enroll the child, doctors won't treat them, and you cannot sign permission slips or consent forms. Guardianship removes these obstacles so you can parent the child properly. You can choose their school, attend parent-teacher conferences, authorize medical procedures, get health insurance for them, and make all the everyday decisions parents normally make. This legal authority protects both you and the child from bureaucratic barriers that could otherwise interfere with their care.
Financial Management and Asset Protection
A guardian of the property manages any money or assets the child owns, including inheritance, life insurance proceeds, or settlements. The court supervises this management to ensure the child's money is spent only on their needs and is preserved for their future. If the child inherits property or receives a significant sum, proper guardianship prevents irresponsible spending and keeps the assets safe until they reach adulthood. You'll maintain detailed records and file accountings with the court, which protects you from accusations of misusing the child's money while ensuring every dollar serves their best interest.
Stability and Permanency for the Child
Children who've experienced trauma, loss, or instability need the security of knowing where they'll live and who will care for them. Guardianship provides that stability in a legally recognized way that gives the child permanency without terminating parental rights. Unlike informal care arrangements that can be disrupted if a parent changes their mind, guardianship creates a stable home environment the child can depend on. This emotional security helps children heal, focus on school, build relationships, and develop normally despite the challenges they've faced.
Protection from Parental Interference
When parents struggle with issues that make them unfit to care for their children, substance abuse, untreated mental illness, domestic violence, or neglect, guardianship protects the child from harmful situations. The guardian controls where the child lives and can limit or supervise parental contact if necessary. While guardianship doesn't terminate parental rights, it does give the guardian legal authority that supersedes the parent's wishes when the child's safety requires it. This protection allows children to remain connected to their family while being raised in a safe, stable environment.
Planning Tool for Responsible Parents
Parents who create guardianship designations in their estate planning documents ensure their children will be raised by people they trust if something happens to both parents. Without this planning, the court decides who raises your children, and the court's choice might not align with your values or wishes. Guardianship planning lets you name the person you want to care for your children, designate who will manage their inheritance, and provide guidance about how you want them raised. This gives parents peace of mind that their children will be protected no matter what life brings.
Frequently Asked Questions About Minor Guardianship
What's the difference between guardianship and adoption?
Guardianship gives you legal authority to care for a child without terminating the parents' rights, while adoption permanently ends the legal relationship between the child and their birth parents. Guardianship is often temporary or can be reversed if circumstances change, but adoption is permanent. Many families choose guardianship when they want to maintain the child's connection to their birth parents or when there's a possibility the parents might regain capacity to care for the child in the future. Adoption is typically pursued when parental rights have been terminated due to abuse, abandonment, or voluntary relinquishment. Guardianship is also simpler and faster than adoption in most cases.
Do I need a lawyer for minor guardianship?
You need a guardianship attorney to ensure your petition is filed correctly and meets Florida's legal requirements. While the law doesn't require attorney representation, mistakes in guardianship petitions can delay the process for months or result in denial. An attorney handles the complex paperwork, ensures proper notice to parents and relatives, prepares you for court hearings, and helps you understand your ongoing responsibilities as guardian. If parents contest the guardianship or family members disagree about who should serve as guardian, legal representation becomes even more important. The child's future is too important to risk errors that could be avoided with experienced legal guidance.
How long does guardianship last?
Guardianship of a minor lasts until the child turns 18, the parents regain capacity to care for the child, the child is adopted, or the court terminates the guardianship for another reason. Some guardianships are intended to be temporary, for example, when a parent is deployed overseas or receiving medical treatment, and end when the parent returns. Other guardianships last until the child reaches adulthood because the circumstances that required guardianship cannot be resolved. As guardian, you can petition the court to end the guardianship if it's no longer needed, and parents can petition to regain custody if their situation improves. The court always makes decisions based on the child's best interest.
Can parents still see their children if I'm the guardian?
Yes, parents typically retain visitation rights unless the court determines contact would harm the child. As guardian, you cannot unilaterally deny the parents access to their child, but you can request the court restrict or supervise visitation if safety concerns exist. Many guardianship situations involve parents who love their children but cannot provide full-time care due to health issues, financial problems, or other circumstances. In these cases, maintaining the parent-child relationship through regular visits benefits everyone. However, if a parent's substance abuse, mental illness, or behavior poses a risk to the child, the guardian can ask the court to limit contact or require supervised visits.
What if both parents disagree with the guardianship?
If both parents object to the guardianship, the court holds a hearing where you must prove why guardianship serves the child's best interest despite the parents' objections. The judge considers evidence about the parents' ability to care for the child, the child's current wellbeing, and whether guardianship is truly necessary. Parents have strong legal rights, so overcoming their objections requires clear evidence that they cannot safely care for the child or that the child's welfare demands intervention. Contested guardianships take longer and cost more than uncontested cases, but they're sometimes necessary to protect children from neglect, abuse, or dangerous living situations. Having experienced legal representation is critical in contested cases.
How much does minor guardianship cost in Florida?
Minor guardianship costs typically range from $2,500 to $6,000 for uncontested cases, covering attorney fees, court filing fees, and required documentation. Contested cases where parents or family members object cost more due to additional hearings and legal work. Emergency guardianship petitions may have expedited filing fees. Guardianship of the property, managing the child's assets, may have separate costs for accountings and court supervision. During your free consultation, we review your specific situation and provide a clear fee quote. Unlike adult guardianship, minor guardianship costs are usually paid by the person seeking guardianship rather than from the child's assets.
What happens to guardianship if I move out of state?
If you need to move out of Florida with the child, you must petition the court for permission before relocating. The court considers whether the move serves the child's best interest and may require you to establish guardianship in the new state. You cannot simply move with the child without court approval, doing so could be considered custodial interference. If circumstances change and you can no longer serve as guardian, you can petition the court to appoint a successor guardian. Planning ahead and working with an attorney ensures any transition happens legally and protects the child's stability.
Can I get guardianship if I'm not related to the child?
Yes, non-relatives can become guardians if they have a meaningful relationship with the child and the court determines it's in the child's best interest. Florida courts prefer placing children with family members when possible, but godparents, family friends, neighbors, or teachers can petition for guardianship if they've been caring for the child or have a close bond with them. You'll need to demonstrate why you're the appropriate guardian and how your relationship serves the child's needs. The court investigates your background, home environment, and ability to care for the child before granting guardianship to a non-relative.
Areas We Serve
Carol L. Grant, P.A. helps families establish minor guardianship throughout Broward and Miami-Dade Counties. We serve clients in Pembroke Pines, Fort Lauderdale, Miami, Davie, Cooper City, Miramar, Hollywood, and Weston who need legal authority to care for children when parents cannot. Whether you're a grandparent, aunt, uncle, or family friend stepping in to provide stability for a child in need, we guide you through Florida's guardianship process with the compassionate support your family deserves. Our Pembroke Pines office is convenient to families across South Florida facing difficult decisions about children's care.
Other Guardianship Attorney Services We Offer
- Adult Guardianship
- Guardian Advocacy
- Emergency Guardianship
- Limited Guardianship
- Plenary Guardianship
Schedule Your Guardianship Discovery Call Today
Protecting a child's future requires more than good intentions, it requires legal authority and proper planning. Whether you're already caring for a child who needs stability or planning ahead to ensure your own children will be protected if something happens to you, Carol L. Grant, P.A. provides the experienced legal guidance your family needs. We've helped countless families in Pembroke Pines and throughout South Florida establish guardianships that serve children's best interests while honoring family bonds. Your initial consultation is free, and we'll answer your questions, explain the guardianship process, and help you understand your options. Don't wait until a crisis forces difficult decisions, call (954) 404-8274 today to schedule your consultation and take the first step toward protecting the children you love.
