Just like any adult, minors ages 1-17, have the right to access necessities, such as shelter, food, clothing, education, needed medical treatment, and security from harm, which are usually provided by their parents. Unfortunately, the reality is that there are many children in the world without these necessities, even in the United States. For this reason, the minor may need guardianship from an individual that is not the parent. A child may need a Legal Guardian because of:
- Parent(s) unable to care for the child due to disability, illness, injury, substance abuse, or other
- Child abandonment or physical and psychological abuse by parent(s)
- Situation where the parent cannot physically be with the minor (ie. military deployment, incarceration, in-patient medical care)
- Death of both parents
- Unsafe housing conditions
- Unsatisfactory care of a minor (deemed by the State of North Carolina)
Regardless of reason or circumstance, some minors are faced with the challenge of not having their natural (biological) parents to provide for their needs. That is when someone other than the natural parents can become a Legal Guardian and obtain guardianship of the minor.
Who can become a Legal Guardian?
- State of North Carolina appointed individual or agency
- A legal adult 18 years or older
- An adult physically and fiscally able to fulfill responsibility of guardianship
In the state of North Carolina, legal guardianship may be given under certain circumstances, such as when a minor has inheritance, insurance, former lawsuit award, or other form of incoming payment from the deceased parents or if the child’s parents have terminated their parental rights in a court hearing. To begin the process of filing for guardianship over a minor an “Application For Appointment of Guardianship For A Minor” must be completed and filed in a North Carolina court. When North Carolina grants legal guardianship of a minor to an individual or agency, the individual or agency is responsible for the child’s care, necessities, and takes on a parental role in the absence of the minor’s parents.
The Law Office of Stephen E. Robertson is here to assist you and the Piedmont Triad North Carolina community and surrounding cities regarding Legal Guardianship. Our family law office employs qualified and experienced family law and divorce lawyers, family law specialists, paralegals trained in family law, and legal assistants that aid in providing services that cover Legal Guardianship, Child Custody, Child Support, Adoption, and many additional services related to parental and guardianship rights of a minor.
At the Law Office of Stephen E. Robertson, we provide all manner of family law and offer FREE 15-minute consultations, even during the holidays. Stephen E. Robertson is a Family Law Attorney in Greensboro NC as well as a very reputable Greensboro Divorce Lawyer. He serves the following North Carolina counties: Guilford, Rockingham, Randolph, Forsyth, Davidson, Alamance, and surrounding communities. For more information, contact our office at firstname.lastname@example.org. For more information on Guardianship under North Carolina law click here to visit the North Carolina Judicial Branch website.