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NY Guardianship Law Lawyer

Because no two family law matters are the same, it is important to have the representation of a legal professional. There are family law attorneys that specialize in cases regarding parental rights, paternity tests, divorce and more. One of the stickiest parts of a divorce is figuring out custody and visitation matters. When you are attempting to establish guardianship parameters, it is important that you do so under the guidance of a New York lawyer.

Guardianship: Defined

Guardianship is the word used to name a legal arrangement in which a court grants a person the legal right to make decisions for another individual who is incapbable of making decisions for themselves.  The individual might be a child, an adult who is incapacitated or a person who is developmentally disabled.

In New York, guardianship cases are heard in the Family Court, Supreme Court or Surrogate’s Court, depending upon the type of guardianship being sought and the person over whom guardian would be appointed.

Guardianship Vocabulary

When there is a guardianship, one individual is given the legal authority to make a decision for another.

The Guardian. This is the one who is appointed by the court to have the legal right to make decisions for the other person. Anybody can make an application.  To be a guardian, you need to be over the age of 18.  You also need to be a legal resident or citizen of the United States. A person with a criminal record might not be appointed to serve as a guardian. A Judge will make the final ruling as to who can be the guardian.

The Ward. This is the individual for whom the Guardian is authorized to make decisions. A Ward might not have the cognitive or communicative capabilities to make well thought out decisions for themselves or have the capacity to give their informed consent for personal, medical, or financial matters. 

The Four Types of Guardianship in NY

In NY, a guardian can have guardianship over several different aspects of a ward’s life:

Guardian of the person. A guardian of the person is authorized to make life choices for the ward.  These choices can pertain tohealth care, education and welfare decisions.

Guardian of the property. A guardian of the property handles any decisions regarding the ward’s money, investments and savings as directed by a Judge. A guardian of the property is ordered to file an annual report about the ward’s property as part of his or her duty.

Guardian of the person and property. This type of guardian has the combined responsibility over both the ward’s life decision and the ward’s property.

Guardian ad litem. During a court case, a guardian ad litem gets assigned by a Judge to act on behalf of a person when they are not able to defend their rights or protect their own interests on their own.

Depending on who the Ward is and how much help that individual needs, a guardianship case is filed in Family Court, Surrogate’s Court, or Supreme Court.

On top of hiring a New York family law firm, you need to protect yourself and follow the tips in this guide:

  1. Prove your ability to provide guardianship

 

Your first step when dealing with a guardianship case is to prepare to explain your ability to have custody of your child. Whether you are seeking full custody, joint custody, split custody or any other custom arrangements, you will have to prove your ability to provide for your children. This will require you to assess your income levels and potential, health and mental standing and proximity to your child’s most basic needs.

Hiring a family law firm gives you the chance to go point by point with a lawyer who knows what will strengthen your petition and your case. They will assist you in putting together a favorable application and will represent you every step of the way in court or during mediation.

  1. Speak to the other parent to find common ground

Finding common ground with the other parent is essential if you want this process to be peaceful and productive. The best case scenario is for both parents to have equal footing in terms of access to the child and making the decisions that are best for the child’s growth and development.

When you begin negotiating with each other with the child in mind, you will find lots of opportunities to create your own agreement without needing to do so in front of the judge. Keep in mind that many New York law firms also provide mediation services for these cases so that you do not need to do so by yourself.

  1. Reach out to a family law firm that is skilled

When you need legal assistance, start reaching out to the best professionals available. The Spodek Law Group Is the perfect example of a New York family law firm that handles these cases time and time again. This law firm has 50 years of experience and remains apprised of changes in family law in the state of New York. You get representation from a law firm that is skilled and affordable, you are protecting your interests in the long term and maintaining a solid relationship with your child with the backing of the court system.

Petitioning the Court for Guardianship of a Child

You can start a guardianship case by filing a “Petition for Appointment of Guardian” in the county where the child resides. This form can be filed either in Surrogate’s Court or the Family Court. The Surrogate’s Court and the Family Court are both empowered to assign a guardian of the person for a child. That said, if a child needs a guardian of the property also, then  Surrogate’s Court is where you file your petition. The Judge’s ruling is documented by way of a court order called “letters of guardianship”, in which he or she appoints someone who petitioned to be a guardian.  This order will detail the type of guardianship that has been awarded.

Before a legal guardian can be assigned to a child, both parents and any child who is over age 14 and is not mentally, physically or developmentally disabled must give their consent. By giving their consent, they are confirming that they understand what will happen if a legal guardian is appointed. The Court will consider the child’s preferences when ruling. In some circumstances, the Judge will appoint a guardian even if the parent or child refuses to give permission or they disagree with the guardianship.

If you start out by using these guidelines, you’ll stand a great chance of getting help for your family law situation. The tips in this article can serve you in not only understanding what to expect with guardianship arrangement cases, but also doing your part to find the assistance of a legal firm that is capable. Todd Spodek Is the head of a law firm with enough experience and a claim to represent you whenever you need assistance with legal guardianship of any sort.

 

Contact the law firm if you need any help at all with your case.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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