A temporary guardianship involves a document in which a parent grants temporary custody of his or child to another person or institution. Temporary guardianship occurs when an adult takes legal responsibility for a minor child who is not his or her own. In order for guardianship to be considered temporary, the adult must be legally responsible for the child for less than six months in some states. Temporary guardianship may be established without going to court. A child's parent may sign an agreement naming another adult as his or her child's temporary guardian. For example, a parent who is going on active duty in the military, or who will be stationed for a short period of time overseas, may choose to sign an agreement naming a grandparent, relative, or family friend temporary guardian of his or her child. Because a temporary guardian isn't permanently responsible for the child in his or her care and was not ordered by a court to be a guardian, doctors may refuse to treat the child and schools may refuse to admit the child to classes without a parent's consent. For this reason, some states have enacted a law that allows schools and medical providers to accept a Caregiver's Authorization Affidavit from a temporary guardian. This allows the temporary guardian to take full responsibility for a child.
Kansas Temporary Guardianship Agreement
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FAQ
A guardianship is NOT a termination of parental rights. The parents may rectify the conditions which led to the appointment of the guardian and if the court determines it to be in the best interest of the child to terminate the guardianship, the court may do so.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
The goal of the KGP is to provide that qualified, caring and trained volunteers are available throughout the State of Kansas to serve as court appointed guardians or conservators for individuals in need of this level of protection and advocacy and who do not have family members capable of or willing to assume such ...
Any party or interested party may request termination of parental rights in an original petition filed under the Kansas Child in Need of Care Code, or by subsequent motion or petition. The pleading, whether motion or petition, must be very fact-specific, including times, dates, and locations.
The court can decide if a guardianship or conservatorship is needed and can appoint an emergency appointee who shall be assigned specific duties and powers necessary to protect against the imminent dangers shown or the depletion of financial resources.
(f) The court may enter an order of temporary custody after determining there is probable cause to believe that the: (1) Child is dangerous to self or to others; (2) child is not likely to be available within the jurisdiction of the court for future proceedings; or (3) health or welfare of the child may be endangered ...
Petition (K.S.A. 59-3058) For the appointment of a guardian or conservator the first step is the filing of a petition. The petition is a legal document prepared by an attorney that is filed by any adult asking that the district court appoint a guardian or conservator for an adult or for a minor.
