Kinship Options in Vermont / Minor GuardianshipMinor Guardianship (probate court)
Parents are responsible for taking care of their children until age 18. If they are not able to care for their children, they may VOLUNTARILY arrange for relatives or friends to do so through a minor guardianship in probate court.
This might happen, for example, when the:
Parent is in jail
Parent is on active military duty
Parents are dealing with a serious illness
Family home is not livable because of a natural disaster
Along with custody, the court typically grants guardians the right — as well as the responsibility — to make important decisions on the child’s behalf.
This includes:
Enrolling them in school
Making decisions related to their education, health and contact with others
Consenting to medical treatment and medication AND
Managing any funds paid for the support of the child (e.g., child support or government benefits)
You should be able to arrange a minor guardianship quickly if the parents agree, and you are suitable guardians. A significant number of the guardianships established in Vermont probate courts are done with the consent of both parents.
Digging deeper:
If the parents do not agree and the guardianship is INVOLUNTARY (contested), you may want to seek legal advice. Without the consent of both parents, you must prove by clear and convincing evidence that:
You are a suitable guardian AND
At least one of the following is true:
– The parents abandoned or abused the child.
– The child lacks proper parental care (e.g., subsistence, education, medical or other care necessary for their well-being).
– The child is without or beyond the parent’s control.
If a judge appoints you as a child’s legal guardian:
You will be responsible for the child’s care.
You will have to file a status report with the probate court once a year and send a copy to each parent.
The parents will maintain some legal parental rights.
The court can end the guardianship at any time if the parents show they can resume care of their child.