Guardianship
Guardianship of a minor represents a legal relationship where an individual is given the authority and the duty to care for the minor’s person and/or property. Ohio Revised Code Section 2111.12 states that a minor over the age of 14 years may select a guardian who shall be appointed if the person is suitable. If a minor over the age of 14 years fails to select a suitable person, an appointment may be made without reference to the minor's wishes. The minor shall not select one person to be the guardian of the minor's estate only and another to be the guardian of the person only, unless the court that appoints the guardian is of the opinion that the interests of that minor will be promoted by that selection.
In addition, a surviving parent by a will in writing may appoint a guardian for any of the surviving parent's children, whether born at the time of making the will or afterward, to continue during the minority of the child or for a less time.
There are three types of guardianships for a minor:
- Guardianship of the Minor’s Person. This is usually granted when the ward’s parents are unable or unwilling to provide care and guidance for the ward, or when the minor’s interest will be otherwise promoted through guardianship.
- Guardianship of the Minor’s Estate. This is granted when the ward has obtained more than $25,000 in property and by law, legally authorized assistance with financial administration is required.
- Guardianship of the Minor’s Person and Estate. This is granted when joint control of the ward and its assets become necessary.
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Adoption
Adoption, on the other hand, is a lifelong commitment, unlike legal guardianship, which can be temporary or permanent, depending on the circumstances. Any minor and certain adults may be adopted in Ohio. Children who are 12 years or older must give their consent to adoption. A child is only eligible for adoption after his or her biological parents have signed their consent to the adoption in the presence of their lawyer or a licensed notary.
In Ohio, it’s illegal for Ohio adoptive and prospective birth parents to advertise for adoption, including online postings and searches, promotional flyers, etc. Only licensed adoption agencies or adoption attorneys may advertise on behalf of prospective birth and adoptive families in Ohio. During the adoption process, a pregnant woman is eligible for living expenses for the payment of medical, legal and counseling services.
Call UsWhat is a Guardian Ad Litem (GAL)?
A guardian ad litem (GAL) is appointed to assist a domestic or juvenile court in determining what is in a minor child’s best interest. The court order will assign a percentage of the GAL’s fees to each party, allocating them equally or basing them on the parties’ relative incomes. After making an initial deposit, the parties will receive a monthly statement from the GAL’s office.
The GAL’s role is to represent the child’s best interest and must maintain independence, objectivity, and fairness. If the GAL identifies a conflict between the child’s wishes and the child’s best interest, then the GAL will notify the court, where further orders may be made. The GAL also provides information and advocacy during hearings, reviews reports and records, makes recommendations to the court, conducts interviews with parties involved in the case, and attends residential visits and/or medical appointments.