Minor Guardianship

The moment the court appoints a guardian, your right to direct the upbringing of your child is legally extinguished. The guardian has the final say in every critical aspect of the child's life, including where they live and what medical treatments they receive. If you disagree with the guardian's choices, you cannot simply take your child back: you must petition the court and prove that the guardianship is no longer in the child's best interests. This power imbalance often leads to a functional estrangement between parent and child that becomes harder to reverse the longer the guardianship persists.

Many parents consent to a temporary guardianship during a short-term crisis, believing they can easily reclaim their child once the situation stabilizes. However, the legal system often views a successful temporary placement as a reason to maintain the status quo. If a child becomes settled with a guardian, the court may be reluctant to disrupt that stability, regardless of the parent's improved circumstances. We intervene early to ensure that any temporary measure has a strict expiration date and a clear roadmap for the immediate restoration of parental authority.

A hostile relative will often file an emergency petition for Minor Guardianship without providing you with proper notice, claiming that the child is in immediate danger. This "ex parte" process allows a judge to grant temporary custody to the relative based solely on their one-sided testimony. By the time you get your day in court, the relative has already established a household for the child, making it significantly harder for you to argue for a return to your home. We provide the aggressive litigation needed to challenge these emergency orders and expose the predatory motivations of third party claimants.

One of the most insidious risks of a third party guardianship is parental alienation, where the guardian intentionally undermines the child's relationship with the biological parent. Because the guardian controls visitation and communication, they can limit your access to your child or speak negatively about you in the child's presence. This behavior is a functional theft of your child's affection and a violation of your parental rights. Our firm utilizes forensic psychologists and investigators to document this interference and petition the court for the immediate removal of a guardian who engages in alienation tactics.

The judge will rely heavily on the recommendations of the court investigator when deciding whether to grant or terminate a Minor Guardianship. If the investigator views your home as unstable or your past behavior as disqualifying, your chances of success are significantly diminished. Many parents make the mistake of speaking to these investigators without legal counsel, providing information that is later used against them in court. We manage every interaction with the court investigator, ensuring that your strengths as a parent are highlighted and that any past mistakes are contextualized within a framework of growth and stability.

Parental unfitness is a broad and subjective standard that can include anything from substance abuse and domestic violence to a simple lack of stable housing or employment. Hostile petitioners will seize on any perceived weakness in your life to argue that the child is at risk in your care. The burden of proof often shifts to the parent to prove they are capable of providing a safe environment. We build a litigation-resistant record of your parental fitness, utilizing expert testimony and documented evidence to satisfy the court's evidentiary requirements and stop the judicial seizure of your child.

Under the law, the duty to support a child is independent of the right to have custody of that child. A Minor Guardianship transfers the physical and legal custody but leaves the financial obligation with the biological parents. 

This results in a scenario where a parent is paying a third party to raise their child while struggling to pay for their own legal defense to get the child back. We audit support calculations to ensure you are not being overcharged and that the guardian is held accountable for every dollar spent from the child's estate.

If a child has significant assets, the court may appoint a "guardian of the estate" to manage those funds. Without strict judicial supervision, a guardian can utilize the child's money for "administrative expenses" that primarily benefit the guardian's own lifestyle. This dissipation of the child's wealth is a functional theft of their future. SJKP LLP provides the authoritative oversight needed to demand a formal accounting of all trust and estate funds, ensuring that your child's inheritance is protected from fiduciary mismanagement or intentional theft.

A substantial change in circumstances means that the specific issues that led to the Minor Guardianship—such as homelessness, incarceration or illness—have been permanently corrected. The court wants to see a consistent pattern of stability over several months or years. A parent who has recently completed a treatment program but has no job or home will likely be denied. We assist our clients in building a "re-entry plan" that satisfies the court's demand for long-term stability, ensuring that your petition for termination is unassailable.

If the child is older, the court may take their preference into account when deciding whether to end the guardianship. If the guardian has alienated the child or if the child has simply become comfortable in their new environment, they may tell the investigator they want to stay. This is a devastating blow for a parent who has fought to improve their life. We utilize child development experts to argue that the biological bond is essential for the child's long-term identity and that the child's current preference may be the result of a temporary and coached perspective.