Appointing a legal guardian is a delicate issue which must
be handled with a great deal of care. There are many legal aspects of the
process that must be maintained. Therefore, granting a person legal
guardianship over another individual may take an extended period of time.
In order to prepare for the
court hearing, the individual who is petitioning for legal guardianship of a
minor or a disabled adult will
put a lot of effort into collecting information and filing paperwork. The
petitioner will need to obtain information about the individual that they are
seeking legal guardianship of, such as their name, address, and date of birth.
If the petitioner is citing abuse or neglect of a minor as the reason that
they are seeking legal guardianship of the child, then the petitioner will have
the responsibility to support their claims. Collecting this evidence and
information may take some time.
Also, if the petitioner wishes
to consult with an attorney regarding the case and the
process of becoming a legal guardian, then this will take additional time. Once
the paperwork is filed, it may take approximately sixty days for the court hearing to take place in front
of the judge. This will depend on the availability of the judge, whether or not
anyone wishes to contest the establishment of a legal guardianship, and whether
or not there are other complicated factors surrounding the case.
If the parents of the child do
not consent to the authorization of a new legal guardian and choose to dispute
it, then appointing new legal guardianship of the minor may take longer. In
such cases, the court will need to investigate and analyze information in order
to discover whether or not the minor needs to be placed in the care of a legal
guardian. The judge will use all of the facts that have been presented to him
in order to decide what is in the best interests of the child. Although authorizing legal guardianship of
a minor generally takes about sixty days, there are numerous factors that may
extend or shorten the processing period.
In situations of abuse or neglect, the court may choose to appoint
a temporary or emergency legal guardian. Appointing a temporary
guardian usually takes a lot less time than appointing a general legal
guardian, especially if the safety of the child is concerned. A temporary
guardian may be appointed in as few as 3-5 days. If the child is in immediate
danger and must be removed from a dangerous environment right away, it is
possible to have a temporary legal guardian appointed the same day that the
petition takes place.
Appointing a
temporary guardian will not be a long term situation. It will only last until a
permanent situation is established. Ensuring the child’s immediate safety is
the most important factor in such a situation. As a result, the processing
period for a temporary guardian is much shorter than the processing period for
a general guardian. The processing period may also be shorter for a temporary
guardian that is appointed by the parents of a child while they are away.
