The difference between obtaining custody of a minor and guardianship of a minor in Jacksonville, Florida?
Florida offers several solutions to provide for obtaining custody of a minor and guardianship of a minor children. Two of the best solutions your Jacksonville lawyer can help with are obtaining custody of a minor child and guardianship of a minor child. Which is best for your situation depends greatly on why and how long the minor child will be under your care and in Florida. Factors include whether the child is only staying with you temporarily or for a specific period of time, or while the parents are unable to care for the child.
If the child will not be under your care indefinitely, then a guardianship most likely is more appropriate. However, if the child will be with you indefinitely and will never live with their parent(s) again, then obtaining full custody will be more appropriate. Custody might also be more appropriate if you want to ensure the parent(s) of the child will not be able to take the child back.
The biggest difference between custody of a minor and guardianship of a minor in Jacksonville, Florida is which court has jurisdiction to reside over the proceedings and how permanent the ruling of the court to be. When you obtain custody of a minor child, the family law court resides over the proceedings and makes the final ruling. The court takes into account what is in the best interests of the child as well as whether the parents are capable of caring for the minor child. The final ruling can be temporary, meaning the parents can obtain the right to have their child back, or permanent where parental rights are terminated and the parents no longer have any rights.
On the other hand, the guardianship proceeding in Jacksonville is presided over by a probate court judge. While judges do take what is in the best interests of the child into account, they do not make any determination over whether the parents are capable or have the ability to care for the minor child. In other words, the probate court cannot take the minor child away from their parents while the family law court can. The probate court also cannot terminate parental rights. Obtaining guardianship of a minor is a faster and less expensive process. However, under Florida Law you are required to be represented by an attorney.
If you need a court to help you take the minor child away from their parents because you do not believe they are adequately being taken care of by the parents, then a custody procedure may be appropriate. In Jacksonville Child Custody proceedings are also necessary to terminate parental rights and/or adopt a child.
If you already have the minor child under your care, and the parents are willing to consent to the minor remaining under your care or the parents cannot be found, then obtaining guardianship of the minor child in Florida often is sufficient. An example is when, with the minor’s parents consent, the grandparents or other relatives need the ability to provide primarily caring for the child or need the ability to take the child to the doctor or register them for school.
If you are deciding between custody of a minor and guardianship of a minor in Jacksonville, Florida, your a consult with an experienced Jacksonville guardianship attorney or Jacksonville Family law Attorney can help you make the best decision. At the Law Office of David M Goldman, PLLC, we have attorneys experienced with both obtaining custody and guardianship of a minor. Contact us today at (904) 685-1200.