Comments for guardianship and visitation

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guardianship and visitation
by: Connie Allis

Good morning Chuck,

I am not sure whether this is for a family member's guardianship of child or for an adult guardianship with mental issues.
Enclosed is the difference between a custody of family child and a guardianship according to legalzoom.com
Parental Rights
Guardianship usually involves a child living with her guardian. Therefore, the guardian has physical custody, and the child's parent does not. However, biological parents maintain their parental rights, even when they don't have physical custody. Their rights are not terminated by the guardianship -- they’re "suspended." In this respect, a guardianship order overrules the custody provisions of a family court order, because the guardian has the right to act on behalf of the child, while the parent's rights to do so are legally on hold.

Guardians’ Rights
Parents are automatically the guardians of their children at birth, unless or until a probate court order names someone else. As a non-parent, guardianship awards rights to a third party caregiver that he would not enjoy otherwise. For example, he can attend parent-teacher conferences in lieu of the parent and make educational decisions. He can authorize medical care for the child. He can sign authorizations permitting school field trips or extracurricular activities. He can and must do everything the child’s parent would do, had the parent’s rights not been suspended.

You can file for temporary custody for a child of a family member and receive the forms through the flcourts.org.

As far as filing for unsupervised visits for a minor child, you can file a modification petition, again using forms from www.flcourts.com

If you have any questions, please do not hesitate on giving me a call.

Connie Allis

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