Short-term Guardianship

JS Blog Post November 3, 2014

How Short-term Guardianships Can Help Protect Parent-Child Relationships

Gail Smith

When mothers are arrested, most make arrangements for their children to move in with extended family members or trusted friends. Arrest and incarceration do not automatically mean that a mother has lost her parental rights. A long line of Supreme Court cases provides Constitutional protections to raise one’s own children and to make decisions about their care. These rights are not always honored in practice as they should be, and it is up to all of us to strive to make those rights into realities.

We often find ourselves fighting the state to preserve rights to custody and visits. But sometimes families pose obstacles as well. We wish that all family members would honor the parent-child relationship, and provide regular parent-child contact with the knowledge that the children need it. But sometimes family drama trumps the children’s best interest. Guardianship cases in Probate Court often end up determining where the children will live, and the future of the family. Read more »

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