A legal guardian is someone that takes over day-to-day decision making and control of the child that the natural guardian cannot. The legal guardian will make all parenting decisions including requesting and accepting medical treatment on a child’s behalf, enroll the child in public school in the guardian’s community and provide for the child’s general welfare. Keep in mind this does not include financial responsibility as this still remains with the parents but depending on the parent’s situation, guardians often provide financial support.
It’s always best to consult with an experienced attorney who can help you with your specific case. Guardianship is a sub-set of custody and because most schools require custody to enroll a minor child, you should look into a kinship care arrangement. In order to obtain guardianship over a minor child, a third party should file a petition which your lawyer can help you with.
If the third party cannot find the child’s parents, the third party can file a motion asking the court to waive the notice. The third party will have to prove they’ve tried to locate the parents. If the identity of the father is not known, the third party can also ask the court to waive the notice requirement.
Keep in mind that if a blood relative is taking care of the minor child, guardianship or custody is not necessary to obtain social services, such as welfare payments or Medical Assistance. If you are a parent or a guardian that will be taking over the care of a minor child, call an experienced attorney who can help you with your case.