For the Child’s Parents
- Guardianship does not permanently sever their rights, legal relationship, and legal responsibility to their child, which is often referred to as the death penalty of child welfare.
- Guardianship honors and facilitates a common cultural practice and belief of “families take care of their own.” The relationship and family dynamics between the child, their parents, guardians, and extended family remain intact. For instance, Grandma stays Grandma. Therefore, it may feel natural for parents to transfer guardianship to a relative or fictive kin.
- They may retain some parental duties of their child which would be specified in the guardianship court order.
- Guardianship also maintains parents’ right to reasonable visitation with their child. There is not a legal definition of “reasonable visitation”, therefore the guardian and the child’s parents determine what that means, unless specified via court order. As in all families, navigating relationships can be tricky. Yet, over time, trust can be built and relationships mended when families build upon their emotional connections and healing as a family.
- A guardianship court order can be terminated if the child’s parent(s) is able to resume guardianship of their child.