A legal guardianship can protect the health and welfare of a minor when parents are unable to do so for various reasons. The State of Michigan’s published Child Welfare Law document outlines the different types of guardianships for minor children. Understanding some of the parameters of these different forms of guardianships is important for anyone looking to help a child or children in this way.
Many people commonly assume that when a person has guardianship of a child, the parental rights have been terminated. That is not necessarily so in all cases. A limited guardianship, for example, simply suspends parental rights. It also requires the consent of the parent or parents. In a limited guardianship, a placement plan is created that outlines the rights and responsibilities of the guardian and the parent. This includes visitation time, financial arrangements and more.
A general guardianship is more broad-reaching and can be granted when parental rights have been terminated. It can be obtained without the consent of the parent or parents of the children involved. Parents, relatives, friends and even personnel from the state Department of Human Services can petition for a general guardianship. Child support and parenting time can be part of these situations.
Probate courts can provide temporary guardianship for periods of up to six months. A child in need of urgent healthcare could be reason for this form of guardianship to be established. This information is not intended to provide legal advice but general information about the types of guardianships available for minors under Michigan law.