Children Laws

Easy Guide to the Process of Becoming a Legal Guardian

Easy Guide to the Process of Becoming a Legal Guardian

November 30
00:00 -0001

Easy Guide to the Process of Becoming a Legal Guardian

The process of becoming a legal
guardian is detailed and may appear complicated and overwhelming. The
application process for filing for guardianship of a minor or a disabled adult
begins when the individual who is seeking
guardianship obtains and completes guardianship forms. The petitioner must
complete these forms, which will ask for information about both the petitioner
and the individual for whom they are seeking guardianship.

The forms will ask simple
personal information about both parties, such as their names, addresses, and
birth dates. The petitioner will also be required to illustrate the reason why
it is in the individual’s best interest to be placed in their care. The
petitioner must return the guardianship forms to the County Clerk’s Office,
along the the filing fee.

The petitioner should keep in
mind that the initial filing fee is only the first of the costs that they will
be required to pay when they are petitioning for custody
. The petitioner will be required to pay legal fees if they
choose to enlist the assistance of an attorney
. The individual who is seeking to obtain legal guardianship
of a minor should also take into consideration the long term costs associated
with caring for a child.

Once the guardianship papers have been filed, there can be a
processing period that lasts from six to eight weeks. This may be dependent on
a variety of factors, including the judges’ availability, the type
 of guardianship that is being petitioned for, and any other
complicated factors that may be present during a specific case.

If the parents of the child
choose to dispute the establishment of a guardianship, then the time that it
takes to appoint a guardian may be longer due to the investigation that will
need to take place. The petitioner will be required to present the court with
evidence that the parents of the child are not adequately caring for the child
and that it would be in the child’s best interest to be removed from the care
of their parents. The judge will analyze evidence and testimonies in order to
decide what will be the best course of action for the child.

The petitioner should also prepare themselves for the home
investigation
, which will take place in order to ensure that the
petitioner is a suitable guardian for the minor. This investigation will be
used in order to determine whether the petitioner is able to provide the child
with a safe and stable environment in which to live and mature. A home
investigation may include interviewing the other individuals who live in the
petitioner’s home in order to determine the relationship the petitioner has
with their family and to ensure that it is a loving and supportive environment.

Once all of
these steps have been completed and the judge is confident that the petitioner
can provide the child with adequate care and support, then the petitioner will
receive guardianship rights to the child. The petitioner will also receive all
of the responsibilities that come with caring for the child.

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