Child Custody

Child Custody

Child custody is divided into two parts: parenting time and decision-making responsibility. Parenting time refers to the parenting/visitation schedule and decision-making responsibility refers to each parent’s right to make educational, medical, and other decisions for their child.

Custody of the child(ren) is often the most contested and understandably, the most emotional part of a case. We always encourage parties to work collaboratively when it comes to their child(ren) and support them in resolving disputes amicably to successfully to co-parent. This is not always possible.

We believe in being honest with our clients as to all of their options and possibilities in a case. We do not sugarcoat the law and are clear with our clients as to what they are and are not legally able to do. In cases where there is high conflict, we advocate zealously for our client’s position and use an emotionally intelligent approach to support them through the process.

Who can be a guardian?

Any person who is at least 21 years old can petition the Court to be the guardian for a minor.

What is the role of a guardian?
A Guardian has the same duties and responsibilities as a parent such as providing support to the child, care, education, health, and welfare.

When may guardianship be necessary?
Guardians are often relatives or close family friends of the child. Becoming a guardian is a commitment to acting in the best interests of the child and at McGuire Law, we support our clients in their efforts to provide stability and do what is best for the child. A guardianship may be necessary in situations where there is a death of one or both parents and the other parent is unable to care for the child; if a parent is seriously ill; if a parent is incarcerated; or if there has been neglect or abuse of the child.

Our skilled and experienced attorneys can help you through the process of applying for a guardianship and support you as you take on an important responsibility.