Our guardianship litigation attorneys believe that grandparents, uncles, aunts, and others who step up to care for young children are true heroes. Unfortunately, we have seen many instances where well-meaning guardians or potential guardians have hurt their legal case by making avoidable errors.
Such mistakes can prevent well-meaning, would-be guardians from being legally empowered to care for children with absent or unfit parents. Here are some common mistakes to avoid in guardianship litigation in Michigan.
Mistake #1: Failing to Understand the Role of a Legal Guardian in Michigan
One frequent mistake people make in guardianship litigation is not fully understanding what it means to be a legal guardian under Michigan law. A guardian is responsible for the child’s care, including providing food, shelter, education, and medical attention. But this role does not grant the guardian full parental rights. Some guardians mistakenly believe they can make long-term decisions without court oversight or the consent of the living parents. Others may neglect key duties, thinking the title is primarily symbolic.
Mistake #2: Waiting Too Long to Petition for Guardianship
Putting off filing a guardianship petition can cause problems, particularly if a child’s biological parent or parents decide to step back in. Even if you have been handling the child’s day-to-day needs for months or years, your efforts carry little legal weight without court approval, and Michigan courts generally give strong preference to a child’s legal parents.
Mistake #3: Ignoring Court Orders
Most guardianship arrangements are subject to specific orders such as the placement plan. One common mistake guardians make is failing to follow existing parenting time orders. Even if the guardian believes a visit is not in the child’s best interest, blocking a biological parent’s court-ordered time typically carries legal consequences, including the possibility of removal as guardian. On the other hand, some guardians neglect to request a parenting time schedule when filing their petition, leaving everyone uncertain about biological parents’ rights and expectations.
Another misstep guardians often make is assuming a parent must pay support without a court order. In Michigan, a guardian must ask the court to establish a child support order. Without this order, the guardian cannot force a biological parent to contribute financially.
Mistake #4: Representing Yourself Without a Guardianship Litigation Attorney
Michigan’s guardianship laws involve strict procedures, detailed paperwork, and rigid courtroom standards. One missed deadline or incorrectly filled-out form could weaken your case. Our skilled guardianship attorneys can help you present strong evidence, follow court rules, and clearly explain why your involvement is in the child’s best interests.
Get Legal Help Before It Is Too Late
Kraayeveld Family Law has decades of experience with guardianship cases, and we understand your desire to care for a child in need. We are on your side and want to help you give a child in your life the love and support they deserve.
Let our team handle your legal case so you can establish or maintain a formal guardianship relationship. Call us at (616) 383-2679 now or complete our contact form for a confidential consultation.
