Family Law FAQ

What is the difference between an agency adoption and an independent adoption?

Under what circumstances will the court award alimony or spousal support?

How is the amount of child support calculated?

Once a court issues a child support order, can the amount of support that is paid be changed?

How is child support collected if the person responsible for paying it moves to another state?

What are parents' obligations to their children?

How does a court decide which parent will get custody of a child?

What is the legal divorce process like?

What does a guardian do?

What does a guardian do?

Typically, a guardian takes care of a child's personal needs, including shelter, education, and medical care. A guardian may also provide financial management for a child's assets, although sometimes a second person (often called a "guardian of the estate") is appointed for this purpose.

When does a guardianship end?

A guardianship ordinarily lasts until the earliest of these events:

  • the child reaches legal age (usually 18)
  • the child dies
  • the child's assets are used up (if the guardianship was set up solely for the purpose of handling the child's finances), or
  • a judge determines that a guardianship is no longer necessary.

Even if a guardianship remains in force, a guardian may step down from his or her role with permission from the court. In that case, a judge will appoint a replacement guardian if necessary.

What is a guardian ad litem?

A guardian ad litem is a person appointed by the court to stand in the shoes of a minor in a court proceeding in which the minor has some interest. The court can also appoint a guardian ad litem for an adult who can't care for him- or herself. Often, the guardian ad litem is a parent, close relative, or attorney. Some states also authorize the appointment of a guardian ad litem to represent a child's interests in a divorce case that involves custody issues.

If a guardian ad litem is not an attorney, the minor or disabled adult is frequently represented by an attorney as well.

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