Temporary guardianship occurs when a biological parent grants temporary parental rights to another individual. As such, temporary guardians are responsible for the child's educational, physical and emotional needs. While having temporary guardianship may be rewarding for both parent and guardian, there are several risks associated with such authority.
Since temporary guardians are neither biological parents nor permanent guardians they may find it difficult to enroll children in school. While some schools honor temporary guardianship, others require a permanent guardian or parent to enroll children in school. In addition, psychologists may not honor temporary guardianship which makes it difficult for children to receive any necessary psychological assistance.
Minimal Law Enforcement Support
While temporary guardianship may be written and notarized, it is not a legally binding contract. Since the document is not a court order, police officers are not obligated to honor terms established in the agreement. This can lead to serious complications if the guardian is unwilling to relinquish parental rights when the temporary term comes to a close.
Difficulty of Cancellation
Upon determining to regain legal rights, biological parents may rescind temporary guardianship agreement. While terminating guardianship is fairly easy, the process of regaining physical custody of the child may become complicated if the temporary guardian elects to keep the child. In such instance, biological parents must take temporary guardians to court for legal custody rights. Depending on the amount of time the child has spent with guardians and living conditions of biological parents, the court may grant temporary guardians permanent custody of children.
The Probate Case
In some instances minors are placed in temporary guardianship during a probate case. Death of both parents and the lack of a suitable environment are common reasons for children being placed in the care of temporary guardians during probate. In such instance, it is the responsibility of the temporary guardian to frequently report the personal status of the child to the court and provide basis necessities to the child. Guardians failing to keep the court and family updated on the child's status may suffer negative repercussions.