TOMS RIVER, NJ – Parents often wonder whether a guardianship order will terminate their legal rights to their children. New Jersey guardianship attorney Christine Matus of The Matus Law Group (https://matuslaw.com/does-guardianship-override-parental-rights-in-new-jersey/) clarifies that guardianship does not automatically override or terminate parental rights in New Jersey. However, it can grant another adult legal authority to care for a child and make day-to-day decisions.
According to New Jersey guardianship attorney Christine Matus, a guardianship order gives a legal guardian authority and responsibility for a child’s upbringing when parents are unable or unfit to provide care. The extent of impact depends on the type of guardianship established and the scope of authority granted by the court. “What the guardian can do depends on the court order,” explains Matus. “Guardianship does not automatically terminate a parent’s rights, but it can limit a parent’s ability to make decisions while the order is in place.”
New Jersey guardianship attorney Christine Matus emphasizes that parental rights are terminated only through a separate court case, subject to specific legal standards. Termination is a serious legal matter requiring clear and convincing evidence. Circumstances that may lead to termination include voluntary surrender, abandonment, abuse or severe neglect, untreated substance abuse or mental health issues, serious criminal conduct, or failure to address concerns despite reasonable efforts by the Division of Child Protection and Permanency.
Attorney Matus notes that New Jersey recognizes several types of guardianships to address various situations. Guardianship of a minor is established when a child’s parents are unable or unfit to care for them, granting the guardian authority over education, healthcare, and general welfare decisions. Temporary guardianship may be established in emergencies when there is an immediate need to protect a child’s interests and well-being.
The firm explains that Kinship Legal Guardianship is a legal arrangement in which a relative or close family friend serves as the long-term guardian of a child whose parents are unable to provide care. Under this arrangement, birth parents maintain certain rights, including the ability to visit the child, consent to any future adoption, and make decisions regarding name changes. A caregiver generally must have provided care while the child lived in the home for either the last six consecutive months or nine of the last 15 months to be eligible.
Matus advises that New Jersey courts play a central role in establishing, overseeing, and modifying guardianships. Courts evaluate guardianship petitions to determine whether guardianship is necessary and appropriate, issue orders specifying the guardian’s scope of authority, and maintain ongoing oversight through periodic reviews. “Courts balance the child’s welfare with parental rights throughout the process,” she observes.
The distinction between guardianship and parental rights is important for families to understand. Parental rights are inherent and automatic for biological or adoptive parents and are protected by both the U.S. Constitution and state law. Guardianship is a legal status established by a court and granted to an individual who is not the child’s biological or adoptive parent. While parents have primary authority over their child’s life, guardians have decision-making authority only to the extent specified by the court order.
For families facing guardianship proceedings or parents seeking to protect their parental rights, understanding New Jersey’s legal requirements and court procedures is essential. Contacting an experienced guardianship attorney may provide guidance through the legal process and help protect family interests.
About The Matus Law Group:
The Matus Law Group is a New Jersey-based law firm focused on estate planning and guardianship matters throughout Ocean County and Monmouth County. Led by attorney Christine Matus, who was admitted to the New Jersey Bar in 1995, the firm handles guardianship petitions, represents parents in guardianship proceedings, and assists with modifications when circumstances change. The firm’s offices in Red Bank and Toms River serve families across the region. For consultations, call (732) 281-0060.
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Company Name: Matus Law Group
Contact Person: Christine Matus
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Phone: (732) 281-0060
Address:81 E Water St #2C
City: Toms River
State: New Jersey 08753
Country: United States
Website: https://matuslaw.com/