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What impact does permanent guardianship have on the parents rights?

Fort Myers, FL |

Due to addiction, my kids were placed with family. They have temporary guardianship and have requested permanent guardianship as they feel this will avail them to more benefits and make things easier. I have attended rehab and am working to get back on my feet, get my own place and be able to provide them with a safe and secure home. However, I'm just not there yet. My question is: Are there any rights that I'd be giving away by giving them permanent guardianship? What changes for the parents from temp to perm guardianship?

Would my giving them permanent guarrdianship make it easier for them should they attempt to adopt the kids? Could that attempt be successful even if I can p-rovide the court with proof that I visit often, am making progress, remaining clean, working my program, etc.?

Attorney Answers 3

Posted

Pursuant to Fla. Statute 39.6221(6):

Placement of a child in a permanent guardianship does not terminate the parent-child relationship, including:
(a) The right of the child to inherit from his or her parents;
(b) The parents’ right to consent to the child’s adoption; and
(c) The parents’ responsibility to provide financial, medical, and other support for the child as ordered by the court.

Much will depend on the court order. I recommend you consult with a local attorney to discuss further and be represented through any court proceedings.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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Posted

Congratulations on the progress that you have made thus far. I agree with Ophelia's thoughts on the matter. However, I'm not sure if I see the wisdom in consenting to your parents becoming permanent guardianship. I'm guessing that they are dangling the permanent guardianship over your head like a carrot such that if you agree to consent to it then they will continue to help you, etc. but that if you don't, then will be effectively "shunned." I hope that is not the case. I would definitely run it by and attorney, if possible (and more so than on this website!). Good luck.

Bill Rosenfelt 407-462-8787 (Orlando)

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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Posted

Thank you so much for your response! They do a wonderful job taking care of the kids and have always been extremely forgiving, patient, respectful, and kind in dealing with me, visitation, etc. They have only brought it up a couple of times and are adamant that I do what I feel is best and that they don't want me to feel pressured, it would simply make their lives easier. And, I feel I owe them at least that. I just don't want to do it at the ost of my kids. DCF, however, is pushing for it. In fact, the judge has denied their petition twice on the grounds that I am making progress. But, realistically, it will be at least a year until I am ready to take the kids back full time. In the interim, I'd like to do all I can to ease the burden on my brother in law and his wife. As I said, I feel like it's the least I can do. My logic is that as long as I can always show the courts that I am making progress, they won't grant adoption should they choose to try to adopt them. Does that sound about right?

Posted

You need to get an attorney on your side.

R. Jason de Groot, Esq., 386-337-8239

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