The process of obtaining guardianship for a minor varies based on location and whether it is temporary or permanent. Forms must be filed with the local court and the child’s current guardian served. Legal assistance may be necessary to argue that guardianship is in the child’s best interest. Temporary guardianship may be requested if the parent is unable to provide care, while permanent guardianship may be sought if the parent is unsuitable or abusive. Child protection groups can assist in establishing guardianship. The final step involves going to court and proving that the current guardian is unsuitable or abusive.
The process of applying for guardianship for a minor can vary based on whether you want to become a permanent or temporary guardian, and also based on your specific location. You typically need to file certain forms with your local court, although some areas have laws about who can file such a petition. In some cases, you’ll need to be a relative to fill out these forms, unless you can ask the appropriate child services agency to do it for you. After the appropriate forms have been filed, the child’s current legal guardian must be served with the documents. You will then need to appear in court and argue that it is in the best interests of the child to take up guardianship, so it is usually a good idea to enlist the services of an attorney.
There are many different reasons why people seek guardianship of a minor. Temporary guardianship may be requested if the child’s parent is in prison, suffers from medical problems or is otherwise unable to provide care for a specified period of time. If a parent or guardian is unsuitable or abusive, you may be interested in applying for permanent guardianship of a minor. The work required to obtain permanent guardianship for a minor is typically more complicated than that of a temporary guardian and may need to be addressed by the parent or parents in court.
A number of child protection groups and other similar organizations may be able to help you establish guardianship for a minor if the parent is unsuitable or abusive. This type of help can be helpful in determining the correct documents to submit to which court, and legal assistance may be available. Generally you will need to go to a family or juvenile court if there is one in your area, although in some cases a single civil court handles these cases along with everything else. After the appropriate forms have been filed and the court costs have been paid, you may need to notify your parents or other current guardians of the guardianship claim.
The final step in obtaining guardianship for a minor is typically going to court and proving that the parent or other current guardian is abusive or unsuitable. When applying for temporary guardianship with parental consent, this step can be largely a formality. In other cases, the child’s parent or guardian may disagree with your assessment and try to fight you for guardianship. An attorney can be very helpful in this situation, especially if you lack the legal skills to convince a judge of your case.
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