In most cases, parental legal rights are not terminated and parents continue to play a role in their children's lives.
legal guardianshave custody of children and the authority to make decisions regarding protection, education, care, discipline, etc. Parents have guardianship of their children by default. However, if a parent is absent or unfit to care for their child, a court may appoint a guardian.
A grandparent or other caregiver who has assumed responsibility for raising a child can seek a formal agreement in a court in Ohio. State laws allow a caregiver to ask the court for legal guardianship or legal custody of a child. Although a guardianship includes many of the same legal rights as the rights of a custodial parent, guardianship and custody are distinctly different agreements. The custodial parent is the child's legal guardian and the residential parent, while the non-custodial parent is the non-residential parent who can have visitation with the child.
The Swedish parents' law (the Parent Code) regulates legal guardianship of both children and disabled adults. A legal guardian is a person appointed by a court to care for a child and act in the best interests of the child. In some cases, temporary guardianships may be granted and emergency guardianships apply in other cases. As we've covered, custody is given to parents or someone with a relationship similar to that of a parent with a child; guardianship is assigned to someone other than a parent.
Any person who is required or authorized by or under the Mental Health Act 1983 to be transferred to any place or held in custody or detained in a safe place or in any place to which he is taken under section 42 (of that Act), shall be arrested or held, as the case may be, considered to be in custody cool. Guardianship goes through proceedings in an Ohio probate court instead of a domestic relations court or a juvenile court. A guardian responsible for both the personal welfare and financial interests of the conservatee is a general guardian. In some situations, a child may be under the guardianship of a person while they remain in the custody of their parents to a certain extent.
When a settlement is reached in a personal injury or medical malpractice case involving lawsuits filed on behalf of a minor or an incapacitated plaintiff, courts typically appoint a guardian ad litem to review the terms of the agreement and ensure that it is fair and in the best interest of the plaintiff. If the ward possesses substantial assets, the guardian may be required to provide a bond to protect the ward in the event that dishonesty or incompetence on his part causes financial loss to the conservatee. In these situations, the guardian ad litem is responsible for representing the best interests of the child, which may differ from the position of the state or government agency, as well as the interest of the parent or guardian. An ad litem guardian is an official of the court, does not represent the parties to the lawsuit, and often enjoys quasi-judicial immunity from any action by the parties involved in a particular case.
Usually, parents retain their parental rights after a guardian is established, and they can request to become the child's guardian once again. Guardianship may be appropriate if a child's parents are unable or unwilling to care for the child.