4% of children live with someone other than a parent while 27% live with only one parent. If neither parent can care for a child, a guardian must be appointed, DivorceAttorneysTulsa.net announces
Emergency guardianship attorneys can be of great help at this time, as the courts have enacted laws to protect these children and incapacitated adults who are unable to care for themselves.— According to ChildStats.gov, four percent of children today do not live with either parent today and an additional 27 percent live with only one parent. In the event an emergency situation arises and neither parent is able to care for the child or children, a friend or family member may step in and attempt to obtain emergency guardianship.
"Any time a person of any age cannot provide for his or her own physical or financial well-being, the court may step in. They do so to ensure competent decisions are made regarding medical, financial, and personal matters. This person is known as a guardian and is nothing more than someone who will care for the person and he or she will then be referred to as the guardian's ward. However, the guardian must obtain a court order before serving in this capacity and the attorney works to ensure this process is carried out efficiently, so the child or incapacitated adult has someone to care for them at all times," Zach Waxman, an attorney with Tulsa Divorce Attorneys and Associates, announces.
Furthermore, the guardian may serve in one of a few capacities. A general guardian oversees not only the person but his or her property, while a limited guardian is only given control over certain aspects of the ward's life. Special guardians are those who are given immediate guardianship in a situation that is determined to be high-risk. This type of guardian typically doesn't last more than 30 days and gives the individual an opportunity to become the general guardian.
"Regardless of which type of guardian is appointed, the guardian must fulfill certain requirements as established by the court. In the event he or she fails to do so, the court may revoke the guardianship and give it to someone else or place the child in foster care or the incapacitated adult in a special care facility. Guardians need to make certain they are fulfilling all obligations and may need an attorney in the event any questions arise," Waxman states.
Once a child reaches the age of 14, he or she may nominate a guardian. While the court does not have to appoint this person, they do take into consideration the wishes of the child. This may be a grandparent, an aunt or uncle, an older sibling or another family member. In addition, an individual outside of the family may be appointed a guardian in certain situations. When a child states they wish to live with a particular individual, an attorney can be of help in moving the process forward.
"Divorce and Family law help is never more than a phone call away. When a person has questions about Joint child custody, guardianship, or any other matter, don't hesitate to give us a call. We are here to help in any way we can, as children and incapacitated adults need to be protected. We work to ensure they are at all times," Waxman declares.
About Tulsa Divorce Attorneys and Associates:
Tulsa Divorce Attorneys and Associates practice primarily family law. By hiring an attorney that mainly practices family law, individuals obtain an attorney that is well versed on the newest court decisions and is familiar with the nuances of the particular judge hearing the family case. They handle cases ranging from simple uncontested divorces to complex cases involving disputed child custody and division of marital property. They likewise handle adoptions, guardianships, protective orders, and emergency custody cases.
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