What Is a Natural Guardian?
A natural guardian, in legal terms, is a child’s biological or adopted mother or father. In a divorce, either or both parents may be granted legal custody with guardian rights. A natural guardian is empowered to make a wideꦓ range of decisions for a minor chi෴ld, including medical and financial matters that legally require a parent or guardian’s consent.
Key Takeaways
- A natural guardian is a child’s mother or father, biological or adopted.
- While a natural guardian has the legal right to make many decisions for a minor child, the guardian also has responsibilities.
- Failure to provide for a child can cause a natural guardian to lose custody of that child to a guardian appointed by a court.
Understanding Natural Guardians
A natural guardian typically makes day-to-day decisions for a minor child. Usually, this responsibility lies with the parents, although there are a few exceptions. Someone else may be appointed guardian via a parent’s will or by a court if a parent, the 🐻natural guardian, 🐟is deceased or deemed unable to care for a child.
An adult appointed as a guardian of a minor child might also be appointed as a 澳洲幸运5官方开奖结果体彩网:conservator, making them responsible for financial decisions and managing assets the minor child may accumulate through 澳洲幸运5官方开奖结果体彩网:inheritance or earnings. Typically, a natural guardian has the legal right to open accounts and manage money until the child becomes an adult. A court can assign the same 🐈responsibilities to a conservator.
When a child with a mental disability becomes an adult, a parent may need to be app⛦ointed by a court as a guardian or conservator. In these cases, a natural guardian requires an order to continue making medical, personal, and financial decisions that the disabled person is incapable of making.
Advantages and Disa๊dvantages of Natural Guardians
The main advantage of recognizing natural guardians is that virtually all children immediately have someone responsible for their care. No legal intervention 🍎or related expenses ar𒆙e necessary. Furthermore, the concept of a natural guardian is itself natural. The vast majority of parents have a natural interest in caring for their children.
The main disadvantage of natural guardians is that seemingly unfit parents often retain guardianship until they do something terribly wrong. Unfit natural guardians are more of a 澳洲幸运5官方开奖结果体彩网:liability than an asset for children. Critics of auto💫matic natural guardiansh🦂ip complain that you need a license to drive a car, but anyone is allowed to have kids.
Requirements for Natural Guardians
While a natural guardian has the right to make decisions for a minor child, the guardian aౠlsoꦡ has responsibilities. All guardians are required to make sure that those in their care receive adequate food, clothing, and shelter. Failure to provide for a child can cause a natural guardian to lose custody of that child to a guardian appointed by a court.
Important
The terms an꧒d rules will vary by state and what makes a natural guardian unfit can be highly subjective.
Natural guardians also have a duty to provide some type of education, but these requirements are more variable. Sending children to public schools, charter schools, and certified private schools is always acceptable. However, the requirements for homeschooling vary significant🦩ly from one state to another.
Medicine is another area where the requirements for natural guardians are less clear. Failu💖re to provide any treatment at a♕ll for severe injuries is a reason for appointing a new guardian. On the other hand, courts have often sided with natural guardians who object to specific medical procedures for their children on religious grounds.