An acceptable permanent placement includes guardianship. In cases where terminations of parental rights are not appropriate, the Division of Family Services now looks to guardianship as a long-term placement. Missouri's statutory and case law framework for the establishment of the guardianship works well by examining the fitness, willingness and ability of the parents, and the ability of the proposed guardian. Mo. Rev. Stat. Problems arise after the guardianship has been granted in cases where one or both parents are living.
All parents have an ongoing obligation to support for their minor children.
Given that Missouri guardianship law was last seriously revised in 1955 and the fact that guardianship is still a part of the probate code, a review of the guardianship statutes needs to be made with any view toward dealing with the long-term financial needs of guardians, the emotional needs of wards to have ongoing contact with the parents where appropriate, and the best interest of the ward upon termination of the guardianship. A person's guardianship of a minor is appropriate when the child has no living parent or the parental rights of the child's parents have been terminated pursuant to law or when a living parent, whose rights have not been terminated, is unwilling, unable, or has been adjudged unfit to assume the duties of guardianship. Mo. Rev. Stat. The right to be named guardian of the child is first vested in the biological parent of the child. Mo. Rev. Stat. 1994.