The guardian gets the child support, but the child can receive social security on behalf of the deceased parent until they are 18.
I had this same dilemma a few years back. My Father needed a guardian and I being the oldest was given this job. I had to first go to the court house and pay $50.00 to file for guardianship. What happens next after you file they (the Court) set a date for you to appear. Your parent will be given legal representation and will be given an mental evaluation from a psychiatrist to determine the mental competency of the parent. If your parent is deemed incompetent then you will be given guardianship. If you receive this guardianship beware that there are strict guidelines that you must follow when it comes to your parents finances. You must keep all receipts and all records of where their money is spent. Good Luck to you.
18 unless you have a consenting parent with you. in most places proof of guardianship or being the parent isn't required, but an adult is if under 18.
It depends on the State the parent and child reside in, the State the temporary legal guardianship was signed in, and weather or not a judge was involved. Usually a temporary guardianship is revocable by either of the natural parents, either by having a revocation notarized or by simply writing on their copy of the temporary guardianship form that such guardianship is being revoked with a signature and date of revocation. This is then presented to the temporary guardian and the child is turned straight over to the natural parent who now wishes guardianship returned to them. The temporary guardian can fight the issue and get the courts involved, but the vast majority of time things go the parents way in these regards. Again, it all goes back to circumstance and especially the State where this is all taking place. I would suggest googling "temporary guardianship rights", or see if you can look up the specific legal codes on guardianship in your state.
As concerns child support? That depends on the extras on the order. If child care is being paid, and is no longer needed, the child support payment goes down. see links below
Being a unfit parent and/or give up your parental rights or have them taken away, is usually not something that means you get out of paying child support.
File a petition for guardianship in the appropriate court.
No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.
Not really the Judge will decide this matter for you.
Back dated to what if it's being stopped?
First thing..in Indiana...most courts view support and visitation as two separate issues. If the support is required through the courts the judge will ask what the visitation is at that time. However, if the non-custodial parent wants to get visitation without the custodial parents agreement, the non-custodial parent will have to file a request with the court and have a judge issue visitation. If there is no visitation order in place by a judge/court, the custodial parent has no legal requirement to permit visitation. I have dealt with this issue personally as well as my sibling, me being a custodial parent my sibling being a non-custodial parent. So I have seen what happens from both sides. Basically if it something isn't ordered by a judge/court, there is no legal requirement to do visitation or support.
This is dependent on the circumstances and the state. Not if it is voluntary, however in Missouri, if being denied access, the obligor parent can file to have child support placed on hold.
A parent cannot simply sign away their rights to a child. There are many factors that come into play in the state of Mississippi. If the child is abandoned by the parent then their rights can be stripped but they will still have to pay child support.