How to get legal guardianship of a child?
How to get legal guardianship of a child?
Becoming the child’s guardian is a very daunting and time-consuming task; before you become the guardian of a child, you need to become informed about the entire process. To become the child’s guardian, you first need to file a petition; then, you need to get a letter of consent from the child’s parents. Some judges will want to conduct interviews at your home in addition to checking your criminal background before granting you guardianship rights. To make sure you handle the entire guardianship process correctly, you should consider consulting a family law attorney to help you.
If you’re currently going through a messy divorce battle with your spouse, chances are you will be trying to obtain legal guardianship of your child once all of the hearings and court appearances are done. Custody battles can be very tricky and often involve several aspects that all play a significant role in helping the presiding judge decide which parent will receive superior guardianship privileges.
However, in instances where the child’s well-being is in apparent jeopardy by one parent, your odds of gaining sole guardianship over your child are very high. You need to get a few essential documents in order before going into the courtroom to face the judge to be sure that you have the highest odds of winning the case.
For those out there who have been trying to gain legal guardianship over their child, you’ve come to the right place. Below, we’re going to give you a detailed breakdown of all the crucial details you need to know about approaching your upcoming custody battle.
Gaining legal guardianship over your child
Before you can gain guardianship over any child, you first must sign a petition that clearly outlines your interests and reasoning behind wanting to become a guardian. A letter of consent from the child’s parents will also be required before you are granted full guardianship rights over the child in question.
After the petition is filed, the court will proceed to arrange interviews with you, and in some instances, they will also want to interview the child and their parents. In most cases, the courts will also want to conduct a home visit, criminal background check, and inspection for the person requesting guardianship to ensure they are suitable for parental oversight.
If you’re a parent who wants to give up guardianship of your child, that is very possible; however, you must follow a very particular process in order to do so. When choosing a guardian for your child, you need to make sure that they meet the following requirements:
- Able to physically fulfill their responsibility
- Has to be of legal adult age
- Must be able to spend adequate time with the child
- Must be financially stable enough to care for your child
As long as the person meets all of these requirements, you will be able to appoint them as the guardian of your child. It would help if you kept in mind, there are instances in where the legal parents of a child will reject your request for guardianship.
In this event, guardianship will only be granted if the situation meets the following criteria:
- The parents have had their parental right terminated, or they have abandoned their child
- A judge finds it in the best interest of the child to remove them from the parent’s custody
- The current parents give consent
Being a child’s legal guardian is no easy task. If you plan on claiming sole guardianship of a child, you need to be ready to spend a lot of time with them and prepare yourself for the financial obligation that becoming a guardian entails.
After you win the case
After you’ve filed the petition, write the letter of consent, and complete all of the requirements outlined by the judge, you will be able to achieve a favorable outcome in your guardianship case. If you have any questions about the process of obtaining guardianship over a child, don’t be afraid to ask questions as it will help make the entire process much easier.
Make sure you find the correct probate court in the county in which the child lives or where any prior child custody orders have been filed. As long as you’ve made sure that becoming a guardian is something you are ready for, you can go through the entire process quickly.
It’s always advised that you speak with a family law attorney before getting into any guardianship hearings just so you can make sure all of your T’s are crossed and I’s dotted.
People Also Ask
Q: Can one parent give guardianship to another person?
A: Yes, if you feel as if you cannot meet the basic living demands of your child, you can go to the court and file a guardianship transfer order. Keep in mind, guardianship over a child only lasts until the child reaches the legal age.
Q: Can I file for guardianship without a lawyer?
A: In most cases, you do not need to contact a lawyer in order to ask a judge to be appointed the guardian of a child. You can obtain all of the necessary paperwork to file for guardianship from your local courthouse.
Q: How much money do you get for guardianship?
A: As of 2014, the average yearly salary for a court-appointed guardian was about $30,000. The requirements to become a point appointed guardian to differ between districts and states; this is something you want to keep in mind before applying to become one.
Conclusion
All of this information can be used to help you ensure that you get a favorable motion granted in your efforts to gain guardianship over a child. Before starting the process, you need to ask yourself these two simple questions: “Am I really ready to become a child’s guardian?” “Am I financially able to support a child?” Once you answer these questions, you will have a clear idea of whether guardianship is right for you or not.
If you need further advice on how to get legal guardianship of a child, please contact us
You may find this article to seek help on Short-Term Temporary Guardianship helpful
