Legal guardianship: Protecting your child’s future

Under New York law, a ‘child’ is someone who is under the age of 18, not married, and not enlisted in military service. If their parents die, fall seriously ill, or are simply unable to care for them, then a guardian will need to be appointed for them.

Appointing a guardian for your minor child is an intense and personal decision. Naturally, you do not want to imagine a time when you are unable to care for your children, but unexpected events happen, and preparation is the best way of safeguarding their future.

You can name a legal guardian in your will although the guardianship only takes effect after you die and a Surrogate’s Court judge approves the person you selected. Alternatively, if you become so ill that you are temporarily unable to care for or make decisions for your children, New York allows you to name a “standby guardian,” who can be appointed by written designation or by a judge.

Unless there are extenuating circumstances, both parents and any children over the age of 14 must consent to the appointment. It sometimes happens, however, that a guardian is appointed even if the parents and child or children do not agree to the selection or even the guardianship itself.

Guardianship Considerations

Below is a list of factors that can help you choose the right guardian.

• Your children’s ages: Teenagers and older children should be consulted during the selection. Unless circumstances dictate otherwise, Surrogate’s Court judges require the consent of children over 14 for a guardianship appointment.
• The guardian’s personal circumstances: You want to choose someone who can meet the psychological and financial demands of raising one or more children.
• Similarity in values: Is it important to you that your children be cared for by someone who shares your religious faith or child-rearing principles?

The Guardianship Process

To initiate a guardianship case, you will need to go to the Family Court or Surrogate’s Court in the county where you and your children reside and file a Petition for Appointment of Guardian. (If your child requires a guardian of the property to handle assets worth $10,000 or more, you need to file in Surrogate’s Court). After the filing, a judge will issue a court order called ‘letters of guardianship.’

A family law attorney with experience in guardianship matters can assist you with both the paperwork and the filing itself, and provide advice on other matters relating to the safe future of the ones you love. Appointing a legal guardian is a sensitive issue, so you want to work with a legal professional who has the insights and training to make the process go as smoothly as possible and leave you secure in the knowledge that your children will remain well cared for. If you are considering setting up a guardianship arrangement in the Bronx, then be sure to contact Eskin & Eskin, P.C. Our lawyers have over 40 years of combined experience and are readily to diligently create a guardianship agreement and represent you in court. Call 718-402-5204 to set up a free consultation and visit www.EskinAndEskinLaw.com to learn more.