How many legal guardians can a child have
Can a Child Have Two Legal Guardians?
When a child has more than one legal guardian, this arrangement is called a co-guardianship. Co-guardians are people who may equally share roles in a child’s life, but they can also serve roles in a child’s life that don’t overlap.
For example, one guardian may be in charge of the child’s day-to-day care and has the authority to make important decisions regarding housing, medical care, schooling, and extracurricular activities. The court might also appoint a second guardian to manage property left to the child until they turn 18.
In other arrangements, two guardians can each have a 50% say in the management of a child’s life and financial affairs. This might occur when both parties in a married couple each want to be named as a child’s co-guardian (or if the child’s parent desires such an arrangement).
What Is a Legal Guardian?
Taking a step back, we should discuss who a legal guardian is and what their responsibilities can entail. Some of this you may already know or could surmise from the answer above, but it doesn’t hurt to go back to the basics.
A legal guardian is an adult appointed by a court to serve as the guardian of a minor child, or in some cases, an incapacitated adult. When it comes to children, legal guardians are appointed when a child’s parents (biological or adoptive) are unable to provide care.
A few reasons why this might occur include the parent’s death, incapacitation, or incarceration. Legal guardians can also be appointed in any situation where a judge deems it appropriate to remove children from the custody of their parents.
Does a Legal Guardian Have to Be a Relative?
Although relatives of children often volunteer to be legal guardians or are appointed by parents, there is no requirement that a child must be related to their guardian. That also means there is no guarantee a judge will appoint a relative as a guardian.
If a friend of the family is selected by the child’s parents or wishes to become a child’s legal guardian, a judge can appoint this person accordingly if they deem it’s in the child’s best interests.
Types of Guardianship in Oklahoma
We already mentioned some of the specific roles a legal guardian might have in a child’s life. These roles might be assigned according to the type of guardianship a guardian has over a child. In Oklahoma, there are three such types: General, Limited, and Special.
General Guardianship
When someone has general guardianship of a child, they usually have the complete authority to make any decision on the child’s behalf, although it may be limited according to the situation. These decisions include any of those we previously mentioned: medical care, schooling, housing, management of financial affairs, etc.
Limited Guardianship
Limited guardianship refers to a partial control over a child’s life as their guardian. We mentioned before how different guardianship roles can be split between two people. Such an arrangement might entail limited guardianships for each guardian to avoid overlapping their roles.
Special Guardianship
Finally, special guardianships are arrangements made under unique circumstances when the need for guardianship is expected to last a short while (typically less than two weeks).
These typically occur because of emergencies.
Do You Need Assistance with a Guardianship Matter?
If you are involved in a legal matter concerning guardianship, our attorney at Bundren Law Firm can help. With our team’s many years of experience, we can offer the legal representation you need to work toward a resolution to disputes or open-ended questions.
To learn more about how we can help, request a consultation. Get started by contacting us online now.
Guardianship for Your Children | Nolo
Learn how to establish a guardian for your kids.
By Kristina Otterstrom, Attorney
Designating a Guardian
You can designate a guardian for your children as part of your will. It's best to list a single guardian and an alternate guardian in the event that the first guardian is unable or unwilling to serve.
Some parents choose to appoint a married couple as guardians for their children. Although you have the right to appoint co-guardians, two guardians may disagree or even divorce.
Therefore, if you choose to appoint two guardians you should list both guardians separately, so that they each have the ability to make legal decisions on your child's behalf.
Who Should I Chose as a Guardian?
Selecting a guardian is a very personal decision. Parents often choose guardians with a parenting style similar to their own and who share the same moral beliefs. Your selected guardian may be an extended family member or a very close friend. There are no requirements that a guardian must be married or have children. In fact, you should consider a potential guardian's existing family obligations and assess whether that person has the time and resources to care for your child. Some other factors you may consider when selecting a potential guardian include:
- the guardian's age (must be 18)
- the guardian's physical and emotional health
- the guardian's responsibilities for other children
- the guardian's religious background and moral beliefs
- the guardian's work and community commitments, and
- the guardian's financial assets.
When in doubt, you should ask any prospective guardians how they would feel about raising your children in the event of your death. Their answers may make your decision easier.
Can I Appoint Different Guardians for Different Children?
If you have children from different relationships, you may want to appoint a separate guardian for each child. Specifically, a child from your first marriage may have no relationship with your current father-in-law, even though your other children and father-in-law share a strong bond. It's important to take a child's family ties and relationships into account when appointing a guardian.
Even when children share the same parents, children with a large age gap may be best suited to different guardians. For example, you may want your mother to serve as guardian for your 15 year-old daughter because they share a strong bond. However, your aging mother may be ill-suited to serve as guardian for your infant. Your family's unique circumstances will affect your decision about how many and which guardians you choose to serve in your case.
Can I Appoint a Separate Guardian to Manage My Children's Estates?
Yes, you can appoint a guardian to care for your children's day-to-day needs and a separate person to manage your children's financial estate. Choosing one person for both duties can make sense. But sometimes it's actually a good idea to entrust a separate person to manage your children's inheritance, particularly if you have a large financial estate. A second guardian can ensure that the children's primary guardian is spending money prudently and can protect the children's inheritance.
For example, you may have selected your best friend as guardian for your children because of her moral values, good humor, and outstanding parenting abilities. Yet, your best friend may be terrible with money. In that case, you could appoint a separate adult to serve as the trustee or custodian of your children's estate to oversee finances and expenditures that your best friend makes on the children's behalf. A guardian over the estate could also reign in reckless spending, if any, by the children's primary guardian.
What If I Don't Want My Ex to Raise My Children Upon My Death?
Although a parent's rights to appoint a guardian are broad, a parent can't appoint a guardian who interferes with the other parent's right to custody. This issue comes up frequently in divorce cases. Upon your death, a judge will grant custody to the other parent, unless that parent's rights have been terminated or the parent is deemed unfit.
If you have significant concerns about your ex's ability to care for your children, you can write a letter explaining your concerns and make it part of your will. For a comprehensive guide to estate planning, get Plan Your Estate, by Denis Clifford.
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Guardianship abroad | Guardian England
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Guardian Abroad is the child's legal representative for the duration of the child's education at the local school or university until the age of majority. A guardian is needed not only for obtaining a student visa and signing documents on behalf of the child, but also for the peace of mind of the parents: he will help the young traveler to get used to the new country and cope with difficult life situations.
22 You can find a guardian on your own or through special agencies.
The latter are widespread in the UK. The candidate, as a rule, must be a citizen or resident and speak the language of the country where the minor student or student is going to study. There are usually no income requirements for the guardian, since he is the temporary legal representative of the child in the absence of parents and does not have to provide for him. Each country may have its own nuances regarding the documentation of custody, but in all cases, notarized consent from both parents will be required.
- 1;
- Consent to check in the sex crime registry.
Who needs a guardian abroad
In general, a guardian is needed for any minor who comes to another country for the purpose of long-term study.
It can be both a schoolboy and an applicant up to 18 years old. For short educational trips, notarized parental consent is usually sufficient to allow the child to travel unaccompanied [2] . If the trip is organized by a school, the power of attorney is usually issued in the name of the teacher or other group chaperone.
It is important to keep in mind that the age of majority may differ from country to country, but in any case, a person will no longer need a guardian from that point on. General requirements regarding the presence of a guardian can be seen in the table:
| Purpose of trip | Duration of trip | Necessity of guardian |
|---|---|---|
| Tourism | up to 90 days standard tourist visa10030 no | |
| year old camp | 1-12 weeks | NO |
| Languages | to 6 week to 6 weeks: Duration depends on the country | |
| Language courses | ||
| dado until the age of majority | ||
| Secondary education | 2-12 years | dado until the age of majority |
| Preparation for the university | 1-2 years old | DADO of adulthood |
| Higher Education | 2-4 years | DADOCE OF CAME |
Why do you need an OPECECUSUSUT.
The most numerous category of minors who need a guardian while studying abroad are teenagers aged 14-16. At the same time, they usually receive education in closed boarding schools, where qualified teachers work with them daily. The question arises: why does a practically adult, independent person need additional supervision in the person of a guardian? - First of all, the guardian will meet the child at the airport upon arrival in the country, help him get to the place of study, check into the hostel, find out his schedule and deal with all organizational formalities at the beginning of the school year;
- In the absence of parents, the guardian is the legal representative of the minor child and has the right to sign the necessary documents: for example, a lease agreement, an application for opening a local bank account, a visa extension form, an agreement for obtaining a telephone SIM card, etc.;
- The guardian organizes the child's leisure activities during the holidays when the school is closed.
It can be various cultural events, trips, excursions. Also, if necessary, the guardian will find housing and a foster family for the student for the vacation period, if during his studies he lived in the school residence; - Parents can trust a guardian to manage their child's out of pocket expenses. In this case, the guardian will regularly give the student a certain amount for personal expenses, and then provide the parents with a report;
- The guardian can interact with the school management: receive reports on the progress and behavior of the student, attend parent-teacher conferences if necessary, and transfer all information to parents. Some childcare agencies also provide tutoring services;
- In an emergency, the caregiver must ensure that the child receives medical attention. If urgent surgical or other serious medical intervention is required, the guardian has the right to give his written consent;
- Finally, in the face of the guardian, the child will see a friend and a person to whom he can always turn with his problem when his parents are not around.
Adapting to a new country can be difficult even for adults, not to mention children.
The guardian in any case will be the legal representative of the child when signing the documents. The final set of guardian responsibilities will vary depending on the terms of the contract. When working with a guardianship agency, parents will know in advance a list of all services. If the family has chosen a guardian independently from among relatives or acquaintances, everything will depend on personal agreements.
Who can become a guardian of a child abroad
The requirements for being a guardian may vary from country to country. All possible options are listed below, but at the stage of applying for a visa, it is worth clarifying who you have the right to nominate in this particular case.
- Related to . If you have a relative in the country where your child is going to study, you can appoint him as a guardian. In this case, a person must be a citizen of the country or have a residence permit.
Some countries will also approve an adult relative with a student visa, such as Australia. It is also worth paying attention to the degree of kinship: somewhere a second cousin is suitable, and somewhere they will not accept the candidacy "further" of an uncle and aunt; - Friend or acquaintance . Most countries do not require a child and family to be related to a guardian. They can be any friend or old friend. Often, parents look for a candidate "blindly", through acquaintances, without even knowing the applicant personally. This method is fully justified, since most often a guardian is needed only formally for a visa. However, it is important to understand that the guardian still assumes legal obligations and can be called to the school at any time. This is especially strict in the UK and Australia, where the nominee must confirm closeness with the family;
- Host family . In the event that the child does not live in a school residence, but in a host family, one of the foster parents can become his guardian for the duration of his studies.
This is convenient, since the child will be under the supervision of his legal representative every day and in an emergency there will be no problems with the availability of a guardian; - Headmaster . This path is logical to choose if the child will study at a boarding school and spend all the time under the supervision of the staff of the educational institution. US educational institutions often offer parents to entrust guardianship to the school administration;
- Guardian from agency . The culture of guardianship agencies is especially strong in the UK, but they can be found in other countries as well. Here, parents will be helped to find a qualified specialist in working with children who understands the school educational system of the country. You can even find a Russian-speaking guardian, which will greatly simplify communication. The services of such agencies are not cheap, but the family will definitely be calm for the child: depending on the package chosen, the guardian will regularly visit the ward, monitor his progress, take him to the doctor and much more;
- One parent .
Often, on a student visa, a parent can travel abroad with a child. At the same time, the parent must have enough time and finances to constantly be in the country of study. Naturally, in this case there is no need to look for another candidate for the role of guardian, since the parent is initially the legal representative. At the same time, in some cases, the visa procedure still obliges the parent to fill out documents on accepting the duties of a guardian.
How to choose a guardian abroad
There are many factors to consider when choosing a guardian for a minor child. Especially if the candidate is not your relative or close friend and you do not have the opportunity to communicate with him personally, it would not be out of place to clarify this information:
- Law-abiding . The guardian must not have a criminal record or other problems with the law. The Spanish embassy even checks candidates for the absence of sexual offenses in their biography;
- Place of residence .
It is best that the guardian lives with the child in the same city. For France, this is a mandatory requirement. So, if necessary, he can quickly get to school or a medical facility. It is also important to have a car; - Language . The guardian is always a resident of the country and speaks the local language at the native level. If the parents of the student do not speak this language at a sufficient level, this can lead to misunderstandings and problems in communication. In this case, you can try to find a Russian-speaking guardian. There are many such opportunities in the US and UK;
- Age . The laws of most countries allow people from 18-25 years old to become guardians of foreign students. However, experienced agents recommend candidates aged 30-40 on average who have more stability in their lives and time to take care of a child;
- Own children . In some countries, in order to become a guardian, you must already be the parent or legal guardian of at least one child.
Such a person knows from his own experience how to find an approach to children and how school education works.
Looking for a guardian abroad
UK
In the UK, the field of guardianship of foreign students is developed like nowhere else in the world. Almost every school requires a guardian for a student up to 18 years old, although by law this is only required up to 16. There is a whole network of guardian agencies in the country. The most reliable are those that are accredited by the AEGIS organization. Here are just a few of them:
- Bright World;
- White House Guardianships;
- UK Guardians;
- LLE Guardianship Services;
- Academic Guardians UK.
The cost of services, of course, is high, but the parent will definitely be calm, and the child will be under the supervision of a professional.
USA
Unlike the British secondary education system, international students under the age of 18 generally do not need a guardian in an American school.
Responsibility for solving all organizational issues is usually assumed by the school represented by the director. However, if a guardian is needed, one can be found through an agency such as Cogito World Education.
Canada
Canadian law requires all underage students ( minors ) from abroad to have a local guardian while living in the country. In some provinces, the age of maturity ( age of majority ) reaches 19 years, so sometimes not only schoolchildren, but also students may need a guardian. There are several agencies in Canada that help young foreigners with finding a guardian or host family:
- First Choice International;
- International Student Guardianship Canada.
Germany
Germany also requires a guardian for the study of foreigners in local schools. At the same time, experience shows that this issue is decisive only at the stage of obtaining a student visa, and all the problems of the textbook are usually solved by the school management. Therefore, parents wishing to send their children to Germany often look for a guardian among familiar citizens of the country or through Russian-speaking agencies such as the ORSG.
France
As in the case of Germany, the presence of a guardian for the study of a minor in France is important, first of all, for obtaining a visa. The French guardian must live in the same city as the child, and may also be required to vouch for the ward financially. The registration process requires a lot of work with documents, so you can seek help from special organizations:
- ACADEM FRANCE;
- Campus 5.
Spain
While studying in Spain, the student usually lives with a host family or is under the care of the director in the case of a closed educational institution. The principal of a regular school may only be the representative of a child of 16 years of age or older. For advice on the issue of guardianship in Spain, you can contact the organization Spain in Russian.
Australia
To apply for a study visa to Australia, you must fill out a special form, where a relative living in the country will be indicated as a guardian. However, there are organizations that offer to pick up a guardian or host family from their base: for example, IDP.
China
For a minor to study in China, parents must issue a power of attorney for a guardian registered in the same city where the educational institution is located. OU LU / WECO can help with the search for candidates.
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How to get custody of a child, elderly or disabled?
What is guardianship?
In Russia, citizens who need guardianship include minors, that is, children under 14, as well as persons recognized by the court as incompetent. We are talking about people who, due to a mental disorder, cannot understand the meaning of their actions or control them.
This is stated by the Federal Law "On guardianship and guardianship". Based on the document, citizens appointed by the guardianship and guardianship authority “are the legal representatives of the wards, and perform all legally significant actions on their behalf and in their interests.”
Guardianship is aimed at protecting the interests of the listed categories of citizens, as well as the very possibility of declaring a citizen legally incompetent in a court of law. This was also emphasized by the Constitutional Court in the framework of Resolution No. 15-P dated June 27, 2012 “On the case of checking the constitutionality of paragraphs 1 and 2 of Article 29, paragraph 2 of Article 31 and Article 32 of the Civil Code of the Russian Federation in connection with the complaint of citizen I.B. Business".
How is guardianship different from guardianship?
In addition to guardianship, there is also guardianship, under which adolescents aged 14 to 18 years old, as well as persons with limited legal capacity, can fall.
Such people cannot be fully responsible for their actions. This category has more rights than minors and the incapacitated. For example, they can independently perform small household transactions and actions provided for by law (dispose of their own income, etc.). However, in other cases, they are obliged to assist the trustee.
It turns out that the guardian has more rights and obligations than the trustee, in connection with which he bears a great responsibility.
Who can become a guardian or custodian?
The main requirement for a candidate is full legal capacity. And since it comes from the age of 18, the guardian must be of age. The law also establishes a list of restrictions. Guardianship cannot be issued by persons:
- deprived of parental rights;
- having an unexpunged or outstanding conviction for an intentional crime against life or health;
- who did not agree to become a guardian.
When it comes to guardianship of young children (under 14), additional restrictions are set.
Future guardians must undergo special psychological, pedagogical and legal training, as well as prove that they are in a bisexual marriage. Those who have registered a same-sex marriage in the territory of another state will not be able to arrange guardianship.
Registration of custody of the child
This process is supervised by the guardianship and guardianship authorities. To find out all the details of the procedure, you must contact the district office. The state is interested in ensuring that children are not left unattended, are not placed in orphanages and boarding schools, and therefore, most likely, those who wish to arrange guardianship will be met halfway and will be helped in every possible way.
The candidate needs to write an application, collect documents confirming, among other things, the passage of special training, and in case of a positive answer, sign an agreement.
How can I get guardianship of an elderly incapacitated person?
The algorithm is the same as for children - the guardianship and guardianship authority will also deal with the issue of guardianship.
However, there are also differences. Thus, custody of an elderly or adult person does not always involve the joint residence of the guardian and his ward. This issue is decided individually, but cohabitation, of course, is welcome. It is much easier for a guardian to fulfill his duties and provide supervision, especially when it comes to a pensioner who, most likely, has a sufficient number of health problems.
If cohabitation is intended, consent must be obtained from all family members of the guardian living in the same dwelling, including children over 10 years of age.
How to get paid guardianship?
There are two types of guardianship:
- free of charge;
- paid.
In the first case, nothing is paid to the guardian. Paid guardianship can have quite flexible conditions, which are fixed by the contract. In accordance with Article 16 of the Federal Law “On Custody and Custody”, remuneration can also be paid at the expense of third parties, from the income from the property of the ward (no more than 5% and only if he is already an adult), as well as from the budget .
Features of the legal status
The guardian has an unlimited range of powers - he represents the interests of the ward in any relationship, no matter what is discussed. Moreover, this rule applies even when registering custody of a minor with living parents. If the ward is a child, then the guardian acts as a father or mother. However, in some cases notification of guardianship authorities is required. They can also establish restrictions on the actions of the guardian or, conversely, oblige him to perform any actions. All this is recorded in the act on the appointment of a guardian or custodian, or in an agreement on the implementation of guardianship or guardianship.
What documents are required for registration of guardianship?
- Written statement of consent to the establishment of guardianship.
- Documents of the guardian: proof of identity, proof of income, no criminal record, state of health (medical certificate in the form established for persons wishing to obtain guardianship), marital status and the right to use the living quarters.
