Does Guardianship Override Parental Rights in Michigan?

Parents typically have a legal right to make decisions on behalf of their children. However, they are sometimes deemed unfit or unable to make the best decisions for their kids. When this happens, the state may appoint a guardian to protect the child’s health and safety.

What Is Guardianship?

Guardianship gives a person the legal authority to make decisions for a minor (the “protected person”). This is done by the interested party petitioning the court and the judge reviewing the request. If granted, the guardian is given either unrestricted (“full”), limited, or temporary authority.

One common reason that a child might have a guardian is if their parents are deceased. In other cases, their parents are unwilling or unable to exercise their parental rights. This can happen when parents abandon a child or when they are incapacitated by a physical or mental illness. Sometimes, these conditions are self-inflicted, such as in the case of a substance abuse disorder.

How Does Guardianship Affect Parental Rights?

If the child’s parents are still living, the appointment of a guardian doesn’t automatically cancel their rights — but it can limit them. Depending on the court order, parents may retain the right to visit their children and communicate with them by phone or email.

However, the parent may not have the right to make decisions about important aspects of the child’s life, such as where they go to school or what kind of medical care they receive. This can be a difficult reality for parents to accept, but respecting the structure of the guardianship is in their child’s best interests, including their:

• Physical needs
• Emotional needs
• Family relationships
• Educational needs
• Safety and stability

Before determining what rights the parents will retain, the court evaluates each parent’s ability to meet the child’s needs, including the potential risk for harm if they remain under their parents’ care. Parental rights can be strictly limited when there is evidence of abuse or other serious issues.

Other Considerations

It’s not easy losing some of your parental rights, but keep in mind that your child must come first. Family court judges do their best to provide children with a stable environment, and their decisions on guardianship and custody are carefully considered. They will also consider how their decision could affect the child’s relationships with other family members such as grandparents or siblings.

Remember that parents who wish to retain their rights must meet their parental responsibilities. Even if a guardian has been granted custody of a minor, parents are obligated to provide financial support, after all.

Contact Gucciardo Family Law for Guardianship Questions

No parent wants to lose the right to make decisions for their child, but sometimes guardianship is the best way to keep a child safe and well cared for. And when you’re ready to accept the full responsibility of parenthood again, you’ll be in a much better position to provide the care and support your child needs.

Call Gucciardo Family Law to learn how to protect or regain your parental rights.