Fillable Form Temporary Guardianship Agreement
A Temporary Guardianship Agreement is a legal document detailing an agreement by one person to serve as a legal guardian for one or more children. It requires information on the parents, the person being appointed as the children’s guardian, the children, and for how long the guardianship will last.
What is a Temporary Guardianship Agreement?
A Temporary Guardianship Agreement is a legal agreement between a parent and/or current guardian of one or more children below the age of majority to allow another person to serve as a guardian for the children for a particular amount of time.
The duration of the agreement and any terms related to its execution (such as the responsibilities expected of the temporary guardian and so on) are generally discussed before this form is filed, and included alongside information about both parties and the children involved.
How do I fill out a Temporary Guardianship Agreement?
A Temporary Guardianship Agreement only requires information about the parents or current guardian, the person being appointed as a temporary guardian, and the children that will be cared for. Any other terms or expectations should be put into writing and attached to this agreement.
The agreement must also be notarized in order to avoid fraud. Make sure that both parties understand all of the terms of the agreement as discussed between them to minimize any issues with the execution of the agreement.
Name of Custodial Parent/Guardian
Enter the full legal name of the parent or guardian filing this form.
Residential Address
Enter the address information (street, city, state, ZIP Code) of the parent/guardian filing this agreement.
Full Name of Each Child
Enter the full legal name of each child under the care of the custodial parent/guardian. If more space is required, use a separate sheet of paper as needed.
Each Child’s Birth Date
Enter the birth date of each child under the care of the custodial parent/guardian.
Names of Individuals Being Granted Temporary Custody
Enter the full legal names of the individuals being granted temporary custody of the above children. If more space is required, use a separate sheet of paper as needed.
Each Person’s Relationship to Children
Enter a short description of how each of the individuals indicated above are related to the children.
Contact Information of Temporary Guardians Listed
Enter the address information (street, city, state, ZIP code) and the primary phone number of each of the temporary guardians listed above. If more space is required, use a separate sheet of paper as needed.
Statement of Consent
Name of Custodial Parent/Guardian
Enter the custodial parent/guardian’s full legal name.
Temporary Guardian(s)
Enter the full legal names of each of the assigned temporary guardians.
Duration of Guardianship
Check the box that indicates how long the temporary guardians will have legal custody of the children. You may choose between the following:
Signature
Have the custodial parent and each temporary guardian sign the form in the space provided, then enter the date that they signed the form. If more space is required, use an appropriately labeled sheet of paper attached to this agreement.
Notarization
Date
Enter the date that the agreement was brought to the notary to be notarized.
Name of Custodial Parent/Guardian
Enter the full legal name of the custodial parent/guardian.
City and State
Enter the city and state that the agreement is being notarized in.
Name of Notary Official
Enter the full legal name of the notary official.
Signature
Have the notary official sign the form in the space provided. If they have a seal, have them stamp the agreement in the space provided, as well.
Commission Expiry
Enter the date that the notary’s commission expires.
Frequently Asked Questions (FAQs)
What does a guardian do?
The specific responsibilities of a guardian can vary depending on the specific circumstances and the age and needs of the child they are responsible for. However, generally speaking, guardians are responsible for seeing to the care of a child, up to and including providing for their basic needs and sending them to school, among other things.
How are guardians different from parents?
While guardians and parents share many of the same responsibilities in the care of a child, parents are generally more directly related to the child (either as their biological parent or their adoptive parent) while guardians are mostly assigned to children through legal processes.
Why are guardians assigned to children?
The goal of assigning a guardian to a child is to ensure that the child is provided with a safe, stable, and nurturing environment, and that their needs are met while they are unable to live with their birth parents. This can be a decision made by either a court of law or the child’s parents themselves.
What is the difference between legal guardianship and custody?
The key differences between legal guardianship and custody relate to the nature of the legal relationship, the extent of legal authority, the duration and termination of the arrangement, and the retention of parental rights and responsibilities. Custody generally refers to the direct and ongoing care for a child, usually by their parents, while guardianship is often considered to be temporary until proper custody can be returned or granted to a fitting caretaker. In some cases, however, guardianship can lead to full custody of the child.
Can guardianship be transferred?
Yes, guardianship can be transferred from one guardian to another. This may occur for a variety of reasons, such as if the current guardian is no longer able to fulfill their responsibilities, if the child's needs have changed and require a different type of guardian, or if the current guardian is moving out of state or out of the country. In fact, the Temporary Guardianship Agreement can be used by a guardian to assign a temporary guardian to a child, either as a “test run” to see if they will be able to care for the child properly or in the interim until a more permanent guardian is found.
Can a child choose their own guardian?
In most cases, a child cannot choose their own guardian. The decision of who will be appointed as a child's legal guardian is typically made by a court, based on what is in the best interest of the child. However, in some states, depending on the child's age and maturity level, a court may consider the child's wishes and preferences when making a decision about guardianship.
What happens if a guardian is unable to fulfill their duties?
If an appointed guardian, temporary or not, is unable to fulfill their responsibilities, they will be stripped of guardianship and the care of the child will be assigned to a different guardian. Depending on the nature of the duties the guardian was unable to fulfill, they may face additional legal consequences, such as being charged with neglect of a child.
Can a temporary guardian become a permanent guardian?
Yes. However, this depends entirely on the parents or current custodial guardian of the child, as well as the decision of the court (whenever applicable). If the court determines that it is in the best interests of the child to remain in the care of the temporary guardian, they may grant permanent guardianship to the temporary guardian. The birth parents or custodial guardian may also voluntarily terminate their parental rights/guardianship, which would allow the temporary guardian to become the child's legal guardian without the need for a court hearing.
Can a temporary guardian make permanent decisions for the child?
No. A temporary guardian's authority is usually limited to making day-to-day decisions about the child's health, education, and general welfare.
Can a guardian receive financial compensation for their role?
Yes, in some cases, a guardian may be eligible to receive financial compensation for their role. However, the rules and regulations regarding compensation for guardians can vary depending on the jurisdiction, the specific circumstances of the case, and the type of guardianship involved.
What is Emancipation?
Emancipation is a legal process that allows a minor child to become independent of their parents or legal guardians before reaching the age of majority. Once a child is emancipated, they are no longer under the legal authority or control of their parents or guardians, and they have the right to make their own decisions about their lives, including where they live, where they go to school, and how they earn and spend money.
Can a guardian be a non-relative of the child?
Yes, a guardian can be a non-relative of the child. The decision of who will be assigned as a guardian to a child is purely up to who the court or the parents/guardians of the child believe will be able to best care for the child and act in their best interest. This does not require any familial relationship with the child.
Can a guardian be appointed for a child without the consent of the birth parents?
Yes, through a court decision. Generally speaking, this will only happen if the birth parents are determined to be unfit to make any decisions about the child for any reason, resulting in the court not taking their preferences into account when it comes to the care of the child. Similar cases will also apply in the event that the birth parents lost custody of the child previously - their preferences on a child’s treatment will no longer automatically be considered a priority.
Can a guardian take a child out of state or out of the country?
Yes, though it depends on the terms of their guardianship. If the agreement details that the guardian can only take the child to places within a particular area (such as within a city or town), then they cannot take them anywhere outside of the designated area. As a general rule, the court or the parents/primary guardian of the child will be the one to set terms regarding what a new or temporary guardian is allowed to do with respect to the care of the child.
Can a guardian be appointed for an unborn child?
No, a guardian cannot be appointed for an unborn child, as the child is not yet born and does not exist as a legal entity until they are born. However, a parent may be able to make arrangements for the care of the child after they are born, such as by designating a legal guardian in their will or making other arrangements for the child's care and welfare.