When CPS becomes involved, speaking with an experienced attorney who understands your options is crucial. Consulting with an experienced CPS attorney is the best way to know which options are best for you, based on your circumstances.
In this blog, we’ll explore the option of guardianship in Michigan child welfare cases, including cases in Ingham County, Clinton County, and other Mid-Michigan courts.
Guardianship vs. Foster Care in Michigan
If CPS is already involved and they interpret their findings to show that your child should be removed from your home, you should ask your attorney about guardianship or foster care. Choosing between guardianship with a relative and foster care often comes down to stability, permanency, and family connection:
Guardianship with a Relative:
- Keeps the child within the family or with someone they already know.
- Provides a permanent home without severing parental rights.
- Allows for continued contact with the parents.
Foster Care:
- May place the child with unrelated foster parents.
- Often includes a goal of reunification or adoption.
- Parental rights may be terminated if reunification fails.
What Is Guardianship in a CPS Case?
In a Michigan child welfare case, the court must determine a placement for the child that is in the child’s best interests. In many cases, a guardianship is considered an alternative to long-term foster care. A limited guardianship allows a relative to become the legal guardian of the child while the parents’ rights remain intact. Your attorney can request the court to appoint a relative as guardian in place of foster care while you take steps to improve the issues identified by CPS.
Generally, once the guardianship with a relative is established, CPS is no longer involved with the case. After your circumstances have improved, you can meet with your attorney to discuss ending the limited guardianship and have your child returned to your home.
Should You Choose Guardianship in a CPS Case?
Not all cases warrant a guardianship; however, if you’re involved in a child welfare proceeding in Michigan, choosing guardianship may be a way to preserve your parental rights and ensure your child’s safety. As always, you should consult with your attorney on whether this is a good option for you under your circumstances.
If you and your attorney have decided on a limited guardianship with a relative, there are some things you and the relative should understand. Guardianship comes with responsibilities and legal authority over the child, including decisions about education, medical care, and day-to-day life. You will still have contact with your child, but their guardian will be responsible for making decisions about your child.
Conclusion
Guardianship is a powerful tool in Michigan CPS cases that can help keep children out of foster care and connected to their families. Whether you’re a parent or a relative looking to care for a child, understanding the court process and responsibilities of guardianship is essential.
At The Kronzek Firm, we work with families throughout Michigan to navigate guardianship options in CPS cases. Contact us today to discuss your options and make the right choice for you and your family.
📞 Our attorneys have helped thousands of Michigan clients for more than 30 years. You can reach all of our offices 24/7 by calling 1-800-KRONZEK.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]