New Jersey Guardianship Lawyer

Our Legal Team Can Help With Your Kinship Legal Guardianship Case

In certain child abuse and neglect cases in New Jersey, guardianship may be a factor, especially if a child abuse investigation recommends appointing a legal guardian or kinship legal guardianship (KLG) to care for children.

When this happens, it’s important for everyone involved to fully understand their legal rights. That’s why our New Jersey guardianship attorneys at Williams Law Group, LLC want to help. Our legal team has years of experience dealing with guardianship-related cases, especially ones involving allegations of child abuse and neglect.

We know how complicated these legal cases can quickly become in New Jersey. That’s why it’s critical that you talk to a lawyer at our firm right away.

What Is A Legal Guardian?

A legal guardian is someone who is legally responsible for the welfare and upbringing of a child, often in place of the parents. A guardianship arrangement may be temporary for a short period of time or a permanent guardianship arrangement if it’s believed that a permanent guardian can provide the best-possible home environment for a child.

Sometimes, a legal guardian is a relative of the child (perhaps a grandparent, aunt or uncle) or a family friend. Other times, a legal guardian appointed to raise a child might not have any prior relationship with the child.

What Role Does Guardianship Play In Child Abuse Cases?

If someone believes that a child’s well-being or safety is in danger in New Jersey – or that a child is being abused or neglected – a legal guardian may be appointed in place of a parent to care for the child on a day-to-day basis.

Again, guardianship arrangements in New Jersey can be temporary or permanent. And in most cases, a guardianship arrangement to care for a child does not result in the termination of parental rights. This also means that parents still often have visitation rights to see their child.

However, there are guardianship cases where parental rights might be permanently terminated, especially in cases of severe child abuse or neglect. This is why it’s important for parents and anyone else involved in a guardianship case to talk to a lawyer right away.

Who Appoints A Guardian In a Guardianship Case?

First, any allegation of child abuse or neglect is normally investigated by the New Jersey Division of Child Protection and Permanency (DCPP). The DCPP has the right to investigate allegations of child abuse or neglect in New Jersey due to Title 30 of the state statutes, which applies to child welfare in New Jersey and guardianship-related legal matters.

If the DCPP investigation finds that a child is being abused or neglected, the case will then normally be decided by a family court judge in a New Jersey Superior Court, Chancery Division, Family Part. If the judge believes a parent is unfit to care for a child , the judge will appoint a legal guardian or kinship legal guardianship (KLG) to care for the child on a temporary or permanent basis.

What Is Kinship Legal Guardianship (KLG) in New Jersey?

If a child’s parents are unable to care for him or her, a family member or close family friend may step forward and petition the court to become a kinship legal guardian. When the DCPP (Division of Child Protection and Permanency) places a child with relatives instead of a foster family, a kinship legal guardian will assume legal custody of the child, while the parents retain limited rights.

By placing a child in a kinship legal guardianship custody arrangement, parents still often have parental rights and visitation rights to see the child on a regular basis. If you are interested in kinship legal guardianship, reach out to one of our knowledgeable attorneys at Williams Law Group, LLC.

Requirements to Become a Kinship Legal Guardian in New Jersey

Becoming a kinship legal guardian in New Jersey is a separate and somewhat complicated process, and there are many requirements that the person must meet before the court can make a decision.

To be granted kinship legal guardianship, you must meet the following eligibility requirements:

• You must have lived with the child for at least the last 12 months or more.
• The child’s parents must be incapacitated or otherwise unable to care for the child.
• You must be a relative of the child or a family friend.
• You must show the court that it is in the child’s best interest to stay with you.
• You must be financially eligible to care for the child.

Rights and Responsibilities of Guardians

Once you meet these eligibility criteria, you can ask the court to appoint you as the child’s kinship legal guardian. If granted, you could have many of the legal rights as the parent, but the parents would still retain limited parental rights.

Some of the legal rights of a kinship legal guardian include:

• Determining daily caregiving decisions.
• Providing medical consent for routine and emergency healthcare.
• Formulating educational decisions, including enrolling the child in school.
• Applying for services for the child.
• Make other important decisions regarding the child’s upbringing.

In New Jersey, kinship legal guardians have many responsibilities, as well. On a daily basis, they must ensure the child is safe and that his or her needs are met. Accordingly, they must take steps to become a licensed resource family (i.e., foster family) in the State of New Jersey, which involves a home inspection and background checks on all adults in the household. If the child is involved in a child welfare case, the DCPP should take steps to help the family become a licensed resource family within five days of the child being placed in the home. Once a kinship legal guardian obtains this license, he or she is eligible for a kinship care subsidy that provides a monthly stipend for expenses like room, board, and health insurance.

It is important to remember that kinship legal guardians do not have complete authority over the child. For instance, they do not have the right to consent to an adoption of the child, nor can they change the child’s name. Kinship legal guardians also do not have the right to withhold the child from seeing his or her parents unless there is a court order.

Contact a New Jersey Attorney to Learn More About Becoming a Kinship Legal Guardian

Do you have questions about kinship care? If you are a family member or close family friend and are seeking guardianship of a child, the attorneys at the Williams Law Group, LLC can help you become a licensed resource family and apply for kinship legal guardianship in New Jersey so you can provide proper care for the child in question. These types of court actions can be complicated, especially if the Division of Child Protection and Permanency is involved. But an attorney can help you do what it takes to ensure the child in question has a safe and loving home in which to stay.

Learn more about your legal options. Contact us and schedule an appointment today with a New Jersey guardianship attorney you can count on in a crisis. Our law firm has two New Jersey office locations in Short Hills and Parsippany.