Like an architect or contractor, both in the design and construction stages of the legal process, you will find that there are many steps that must be followed to prepare to become a legal guardian in the simplest of situations. Preparation and planning are critical to the project if the final outcome is to be successful. Failing to complete the steps in the correct order or not doing something correctly can result in additional time, legal fees, emotional energy and resources, just like in a construction and/or international architecture project.
When you start the process of becoming a legal guardian, sometimes, as with children from multi-generational marriages, it is just as if you are building in a different country, creating a new business or constructing a building in a foreign land. You will find that there are several very different frameworks that you need to consider when planning for a legal guardianship and the final outcome is that you must understand what your family structure will look like after you have been granted legal guardianship. Understanding this framework will allow you to move forward and build a solid foundation for your family and for the future.
In some states, the step-parent will have to complete a home study that is similar to that of a private adoption. In other states, step-parents can become legal guardians by filing the necessary paperwork with the court. Just like any construction project, the first stage is preparation and planning. There are many different requirements that each state has. Some of these requirements may require paid services, sometimes up to several thousand dollars. Additionally, you will need to provide full financial disclosure as the step-parent in order to ensure that you will have the resources necessary to help taking care of the child after becoming the legal guardian. This could include proof of income, housing, stable employment, and other items to establish that you have a stable home.
Like the collaborative meetings in the beginning of a construction project and continuing throughout, you will also find that there are meetings required as part of the legal process (at least in the States). During this process, you will have to provide financial disclosures to the court, including the child’s medical insurance provider, and other documentation that establishes that you will be able to provide for the child, just like a solid business plan for a foundation. However, if the child has emancipated, the process is much easier to follow. Financial disclosures to the court will need to be provided in that circumstance as well.
Administrative requirements are going to be different depending on where you live as a step-parent and the age of the child. In some jurisdictions, the child may have to meet with a judge to give their opinion concerning the guardianship requirements. Payment of the court filing fees is similar to the paying for inspections or the contracting formalities associated with the various phases of a project.
The application is similar to the blueprints used during a construction project. The design for your family will include the legal paperwork filed to approve the legal guardianship for your children. The design also refers to the guardianship order itself. Once the court grant’s guardianship, the Order provided by the court is like a Certificate of Occupancy stating that the structure built is adequate for use and can now be occupied.
There may be some challenges that you experience through the process. Early on, you may see that your spouse is not completely accepting of the situation. However, with time and a little bit of planning, that acceptance can happen much easier than you may have originally thought. Also, if the estate needs to be probated, guardianship orders can be contested by siblings and other family members. This can prevent you from becoming the legal guardian until the estate has been probated. Planning and obtaining the estate documents can lessen this impact.
The role of legal counsel in the process is incredibly important, much like the consultants on large construction or architectural projects. The legal counsel will help to define the process and make sure that you are able to successfully navigate the guardianship process, litigation, and other items that might occur. In that respect, the legal counsel is like the partner firm that helps with the overall management of the entire project. Just as that firm is there to provide assistance to the contractor and to the owner of the project, the legal counsel is present to help through the legal process.
The emotional, financial, and structural impact of having a step-parent become a legal guardian, like many phases of construction, can be great because it can affect other aspects of your life and your relationship if not planned for accurately. With the right planning and timing, the process can go much more smoothly and can have a much shorter impact on your personal life.
The details of Step-Parents Becoming Legal Guardians: A Step-By-Step Approach, as promoted by PDI Global LLC at Above the Fold Global Blog, provides a detailed explanation of rules and requirements for becoming a legal guardian that will help to ensure that you know and understand all of the specific requirements for submitting the application and moving forward through the process. It is a detailed outline of the necessary steps and information, much like a blueprint is used in creating a new building or renovation. The guide to the process will include details, who to ask for help, resources, and information to help guide you through the process so that you can pass your inspection with flying colors.
