How much does guardianship cost in Florida?

Most pre-need guardian designations and uncontested guardianship petitions are handled on a flat-fee basis. We provide transparent pricing at your free consultation so there are no surprises.

What happens to my children if I am deported?

Without a legal guardianship, your children could be placed in state foster care. A Pre-Need Guardian Designation names the person you trust to care for them and is legally enforceable in Florida courts. This document can be completed quickly.

How fast can guardianship be set up in Florida?

A Pre-Need Guardian Designation can be completed in as little as one office visit. Emergency guardianship petitions can be filed with the court within 24-48 hours when the situation requires immediate action.

Do both parents need to agree to a guardianship?

For a Pre-Need Guardian Designation, both living parents typically should sign the document for maximum legal strength. If one parent is unavailable, absent, or has had their parental rights restricted, there are legal pathways to proceed.

Can a non-Florida resident serve as guardian?

Under Florida Statute 744.309, non-Florida residents can serve as guardians if they are related to the child by blood, marriage, or adoption. An experienced guardianship attorney can help identify the best legal option.

If You’re Worried About What Happens to Your Children — You’re Not Alone. And You Have Options.

Thousands of immigrant families across South Florida are asking the same question right now: “What will happen to my children if something happens to me?”

The answer depends on whether you have a legal plan in place. Without one, a Florida court decides who raises your children — and that could mean foster care with strangers. With a guardianship, you choose the person you trust, and the law enforces your decision.

We help immigrant families create that plan — quickly, affordably, and in the language you’re most comfortable with.

Protect Your Children Now — Schedule a Free Consultation

What Happens to Your Children Without a Guardianship?

Under the federal Adoption and Safe Families Act (ASFA), if a child is not in the custody of a parent for 15 of 22 months, the child may be considered abandoned. This can lead to termination of parental rights and placement in foster care. For families facing immigration enforcement, this is a real and urgent risk.

A properly drafted guardianship document can prevent this. It gives your designated guardian the legal authority to:

Enroll your children in school and make educational decisions
Authorize medical treatment and make healthcare decisions
Maintain your children’s housing and daily care
Access financial resources for your children’s needs
Keep your family together under the care of someone you trust

Legal Guardianship Options for Immigrant Families

Pre-Need Guardian Designation (Florida Statute 744.3046)

This is the single most important document any parent can sign. It names the person you want to be your child’s guardian if you become unable to serve. It does not require a court hearing to create. It can be completed in one office visit. This is the fastest, most affordable option available.

Short-Term Guardianship

A written statement appointing a temporary caretaker for your children if you are unable to care for them. Effective immediately upon signing. Ideal for families who need protection right now while longer-term plans are being prepared.

Plenary Guardianship Petition

When a more permanent arrangement is needed — such as when a parent has already been detained or deported — we file a formal petition with the Florida guardianship court to have your chosen guardian officially appointed by a judge.

Durable Power of Attorney

Grants a trusted person the authority to manage your property, finances, and business affairs if you are unable to do so. Pairs with guardianship documents to create complete protection for your family.

Proteja a Sus Hijos — Hablamos Su Idioma

Sabemos que este es un momento de mucha preocupación para su familia. Por eso, ofrecemos todos nuestros servicios de tutoría legal en español. Desde la consulta inicial hasta la firma de documentos, usted será atendido en el idioma que prefiera.

No importa su estatus migratorio — usted tiene el derecho legal de designar un tutor para sus hijos menores de edad en el estado de la Florida. Nosotros le ayudamos a ejercer ese derecho.

Llame ahora: (954) 723-4322 | Consulta gratuita

How It Works — 3 Simple Steps

Step 1: Free Consultation

We speak with you to understand your family’s situation, discuss your options, and recommend the strongest legal strategy. Available in English and Spanish.

Step 2: Document Preparation

We draft your guardianship documents, power of attorney, and any supporting estate planning instruments. Flat-fee pricing — no hourly billing, no surprises.

Step 3: Signing Ceremony

We schedule a convenient signing appointment at our office. Our Signing Ceremony Manager guides you through the execution of every document. Your children are legally protected before you leave the office.

You came to this country to build a better life for your children.
Let us help you protect it.

Call (954) 723-4322 or book your free consultation online. Same-week appointments available.

JM Legacy Law | 15800 Pines Boulevard, Suite 3128, Pembroke Pines, FL 33027 | www.JMLegacyLaw.com