Clarksville Guardianship Lawyer

Clarksville Guardianship Attorney

If a minor child was placed under your care, that informal arrangement may not serve the child’s long-term interests. Adults who have cared for a relative child for a set period of time may be eligible for legal guardianship over that child. By hiring a Clarksville guardianship lawyer, you can begin the process of formally claiming rights over the child.

The attorneys at Mathis, Bates & Klinghard PLLC bring years of experience helping adults successfully claim guardianship over a minor child. Maintaining familial bonds can benefit the child, who will also enjoy the advantages of a stable and loving home environment.

Why Choose Mathis, Bates & Klinghard PLLC

Our experienced Clarksville family law attorneys understand the sensitive nature of guardianship matters and approach each case with the care and dedication it deserves. We have represented many Clarksville residents in guardianship cases and achieved favorable results for those clients.

We stay ahead of the curve with modern technology to streamline communication and provide you with progressive legal strategies, ensuring your rights are protected every step of the way. We prioritize client communication, responding to inquiries within 24 hours and offering flexible appointment times, including evenings and weekends, to accommodate your schedule.

How Does Guardianship of a Minor Work?

Biological parents are considered their children’s legal guardians. There are situations where the parents may be unwilling or unable to fulfill their parental roles. Whether this is due to a temporary or permanent situation, Tennessee allows a guardian to be appointed to fill the child’s legal guardian role.

Guardianship may be needed if both parents are deceased or incapacitated. Child abandonment is another reason that a guardian may need to be appointed. The parents may be dealing with mental health or addiction problems, or they may be incarcerated.

The court may appoint a legal guardian to make critical decisions for the child, including where they will live, what medical treatment they will receive, and which school they will attend. Without a court appointment, even if you’re a relative or have the parent’s permission, you are not legally authorized to make these decisions.

Another type of guardian is a legal conservator appointed by the court to oversee and manage a minor child’s financial matters. If the child inherits money through a life insurance policy after their parents pass away, an adult would need to be appointed to manage those funds until the child becomes an adult.

Guardianship is handled through the family court system in Tennessee. Anyone seeking this legal status can hire a family law attorney who can file the necessary court documents to begin the guardianship process. If one or both biological parents are alive, they have the right to be notified of the court case and to make arguments for or against approving guardianship over the minor child.

Am I Eligible for Guardianship of a Minor?

Any adult can request guardianship status over a child, but the courts prioritize close relatives. The idea is to preserve familial relationships as much as possible. Adult siblings can also seek guardianship status. Someone who is designated by the parent in a will or written document as a potential caregiver for the child would also receive special consideration from the courts.

The courts have an interest in ensuring that the guardian is emotionally and physically fit to parent. They may have to demonstrate that they are financially able to support the child and provide the resources necessary to raise the child.

The courts may order a home visitation by a court-appointed professional to determine whether the parent is keeping a suitable living environment. Children who are 12 or older may be allowed to provide input on whether guardianship serves the child’s interests, although the courts ultimately make that decision.

FAQs

Q: How Can You Get Legal Guardianship in Tennessee?

A: You can get legal guardianship over a minor child by hiring a family law attorney who understands the state’s guardianship laws. Guardianship cases can be complicated, and the courts will require compelling evidence that guardianship serves the interest of the child. With legal representation, these hurdles can be overcome.

Q: How Long Does Guardianship Last in Tennessee?

A: Guardianship in Tennessee typically lasts until the individual under guardianship reaches the age of 18 or until the court determines that guardianship is no longer necessary. For adults, it can last indefinitely unless the court modifies or terminates it based on changes in circumstances or the individual’s ability to manage their affairs.

Q: What Is the Guardianship Statute in Tennessee?

A: The guardianship statute in Tennessee is governed by Title 34 of the Tennessee Code. It outlines the legal process for appointing a guardian for minors or incapacitated adults. The statute emphasizes the individual’s “best interests,” requiring court approval and periodic reviews to ensure the guardian acts responsibly. Guardianship may be limited, temporary, or permanent, depending on the circumstances.

Q: What Is the Difference Between Custody and Guardianship in Tennessee?

A: Custody and guardianship are similar in that they bestow child-rearing rights to an adult. Custody typically involves biological or adoptive parents, while guardianship can apply to a non-parent, such as a close relative.

Guardianship can also apply to an adult who cannot make decisions independently due to reasons like failing health or mental incapacity. Guardianship can be more flexible and temporary, focusing on the individual’s interests based on specific needs.

Schedule Your Guardianship Consultation With Mathis, Bates & Klinghard PLLC Today

Guardianship offers an effective means of formalizing your relationship if you have been the caretaker for a minor child. With guidance from an experienced guardianship attorney, you can gain legal rights to continue caring for your young relative.

The attorneys at Mathis, Bates & Klinghard PLLC understand how important and personal a guardianship case can be for an adult and child seeking a formal legal relationship. Our lawyers will handle the important aspects of the guardianship petition, so you do not have to worry about filing errors that could delay the final outcome. Contact our office today to schedule your guardianship consultation.