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Tampa, FL, Family Lawyer Discusses Legal Guardianship With Death of Parents

No child should have to lose their parents before they turn 18. In an ideal world, every child would have two caring parents who care for them and their needs until they are adults. Things don’t always work out that way, though. When a child’s parent dies, they may need someone else to care for them for a while. A Tampa, FL, family lawyer says that if the parents die, some formal documents must be found and processed correctly to establish guardianship.

File a Legal Petition

If you care about the well-being of a minor child and want to be their guardian, you can ask the district court in the county where the child lives to name you as their guardian. If the parents have named a guardian in writing, the plea must include this.

Most of the time, the person who wants to be the guardian is the one who files the petition. However, it is possible to file a petition to have another suitable adult become the minor child’s guardian. Law firms such as Tampa Divorce share that when deciding who will be a child’s guardian, the court will consider the child’s best interest as the most important thing.

Copy of Death Certificates

A Tampa, FL, family lawyer says when guardianship is being sought because the parents of a young child have died, a copy of the parent’s death certificates must be filed with the guardianship petition. Vital record certificates can be ordered online, in person, or by mail. This includes death papers. Certificates can only be requested by the person of record, which in this case is not you but an immediate family member, a legal guardian, or a designated legal agent.