What is an informal guardianship?
An informal guardianship is a legal arrangement in which the natural parents give up custody of their child to another person or family. This arrangement is often referred to as a “kinship guardianship” because the child is typically placed with a relative such as a grandparent, aunt, or uncle. In North Carolina, an informal guardianship is established by filing a petition for guardianship in the county where the child is residing. The court will then evaluate if the proposed guardians have the ability to provide a safe and secure environment for the child. The court must take into account the wishes of the child, wishes of the parents, and potential risk factors within the proposed home. The court can then appoint a guardian of the child if it finds that guardianship is in the child’s best interest. Informal guardianships are established for children under 18 and are different than formal guardianship arrangements, which often require court hearings and the presence of an attorney. Informal guardianships may also have a lesser degree of legal authority than formal guardianships and are often limited to only providing for the basic needs of the child. In North Carolina, informal guardians must provide for the educational needs of the child, provide the necessary medical care, and nurture the child with love and support. Informal guardians must also provide for the child’s religious beliefs, provide for the child’s safety and security, report to the court on a regular basis and follow any rules or stipulations established in the guardianship order.
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