What To Do When Two Family Members Both Claim Guardianship: Legal Solutions In South Carolina

In this article, you can discover…

• The common reasons family members have disputes over guardianship.
• The evidence considered during a contested guardianship case.
• How South Carolina law prioritizes certain relationships in contested guardianships.

What Typically Triggers Disputes Between Family Members Over Guardianship?

Disputes between family members over guardianship are typically triggered by two main issues.

First, one party may believe that the other party is unfit to serve as guardian. Second, disagreements often arise when multiple parties want the ability to claim the child as a dependent for tax purposes.

These disputes can quickly cause rifts within the family if not addressed through proper legal guidance.

What Evidence Is Considered During A Contested Guardianship Case?

In a contested guardianship case, the primary focus is on the fitness of the proposed guardian’s ability to provide appropriate care.

The court will consider several key factors to measure this metric, such as the individual’s financial stability, the suitability of their living environment, and whether the home is safe for the ward, or the person who would be placed under guardianship. The presence and influence of other individuals living in the home are also evaluated to ensure they are fit to be around the child or incapacitated adult.

Finally, the court will look at the person’s access to other relatives and whether another family member nearby may offer a more suitable arrangement. All of these elements contribute to determining who is best equipped to serve as the guardian.

How Does South Carolina Law Prioritize Certain Relationships (E.G., Spouse Vs. Sibling)?

Under South Carolina law, the spouse generally has the highest priority when it comes to being appointed as a guardian. If the spouse is unable or unwilling to serve, the court typically considers siblings next, followed by adult children, then grandparents or other close relatives.

However, while there is a general order of preference, the court ultimately focuses on the overall suitability of the person seeking guardianship. That means the judge can skip over someone with a higher legal priority if another individual is better suited to provide proper care and support.

Can The Person In Question (The Ward) Express A Preference?

Yes, the ward can express a preference for who serves as their guardian. The judge will take that preference into account, but it will not be the sole deciding factor.

Ultimately, the judge’s decision is based on the totality of the evidence presented, including the ward’s wishes, the proposed guardian’s fitness, and what serves the best interests of the ward.

How Can Mediation Help Avoid Courtroom Drama?

Mediation can be a helpful tool early in the process to avoid conflict, especially when family members are trying to resolve guardianship matters amicably. However, once a formal court action is filed, mediation is rarely used. At that stage, the judge takes control over the case and will make decisions based on what is determined to be in the best interest of the child or incapacitated adult.

The court may appoint a guardian ad litem or a court-appointed visitor to assess the situation, including home conditions and family dynamics. So while mediation can be effective early on, it typically has little to no role once the case is in the court system.

What Are The Costs Associated With A Guardianship Dispute?

The costs of a guardianship dispute in South Carolina can add up quickly. It is not uncommon for total expenses to reach $5,000, $10,000, or even more. In addition to court filing fees and attorney’s fees, there are often costs for a guardian ad litem or a court-appointed visitor if the case calls for it.

There may also be costs for professionals who may need to testify, such as doctors, therapists, or counselors. Each of these individuals charges for their time, and the more complex or contentious the case becomes, the higher those costs can climb.

When Should A Lawyer Step In To Protect My Loved One’s Interests?

A lawyer should be brought in as early as possible to protect your loved one’s interests.

Guardianship cases involve numerous legal procedures, and missing a step or making even a small mistake in the paperwork can jeopardize the entire case.

You need an attorney involved from the start to ensure that every requirement is met correctly, all deadlines are followed, and your wishes are clearly and effectively presented to the court.

Still Have Questions? Ready To Get Started?

For more information on contested guardianship in South Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (864) 271-7940 today.