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Guardianship When Parents are Divorced

Guardianship of a minor child or disabled adult can be incredibly beneficial and helpful for those in need. However, this situation can become complex quickly when the biological parents of the ward in question are divorced. The experienced and skilled attorneys at The Soto Law Office understand how complicated this situation can be and are here to help. Call the office or contact us today in Altamonte Springs to schedule a consultation of your case today.

Legal Guardianship

A person is appointed the legal guardian of someone else when the parents are no longer capable of the responsibilities of parenthood. A guardian has the right to make legal decisions on behalf of their ward, including decisions about the ward’s housing, schooling, religious upbringing, extracurriculars, medical care, and more. A guardianship does not impact the relationship between the ward and their biological parents, which differs from adoption, which legally severs the ties between parent and child. As such, if the parents of a ward divorce, it could impact the status of a legal guardianship.

Guardianship and Divorce

If parents who were deemed unable to care for their child get divorced, it could call into question whether a guardianship is still in the best interests of the child. The relationship between parent and child is paramount in the eyes of the Florida court, so if a parent divorces and removes themselves from whatever situation was keeping them from retaining custody, it could result in the reexamination of guardianship.

Another option is that the guardianship remains in place, but one or both parents may receive visitation rights with the child while they work on meeting certain requirements set by the court, such as drug testing, mental health treatment, anger management classes, or other prerequisites necessary to return a child to their care. If a parent is deemed capable of caring for their child, the parent may request that the guardianship be terminated and the child returned to their custody. To learn more about how divorce may impact guardianship, talk to our office today.

Talk to Our Office

Guardianship and divorce are complex and difficult topics that require the best legal representation for your interests. To learn more, call the office or contact us today to schedule a case consultation.


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