The court hearing is one of the most important aspects of a guardianship petition. The individual who filed the petition to receive guardianship of a minor or of a disabled adult will be required to present evidence to the judge in support of their claims. The petitioner will need to convince the judge that they are the best option for the child. In order to do this, the petitioner may choose to hire an attorney that specializes in guardianship cases.
There are numerous resources that are available to help an individual who is seeking guardianship to find a lawyer near their location. The court hearing may determine whether or not the petitioner will be granted guardianship rights. If the petitioner is unprepared or does not present themselves in a professional manner it may be detrimental to their case.
Courts Role in Legal Guardianship
The court plays an essential role in appointing and supervising legal guardianship. The person who is petitioning the court in order to gain custody of another individual is responsible for providing sufficient evidence to convince the judge that it is in the child’s best interest for the petitioner to be appointed the child’s guardian.
Once all of the facts of the case are presented to the court, the judge has the responsibility to determine whether or not the individual is in need of a legal guardian. If the judge determines that it is necessary for a legal guardian to be appointed, then the judge will determine who would be the best choice. The court will continue to supervise the guardianship in order to ensure that the guardian is fulfilling their responsibilities and to make sure that they are not abusing their power. If the court determines that the guardian is not upholding their guardianship responsibilities, then the court may terminate the guardianship.
An individual petitions for legal guardianship of a minor or incapacitated adult has the option to represent himself/herself at the hearing. Hiring an attorney may result in extensive legal fees. Instead, the petitioner can file the paperwork on their own. They will also be responsible for collecting evidence and testimony in order to support their case and presenting that evidence to the court.
The petitioner should be prepared to defend their case against objections from the parents of the child if the parents did not consent to the guardianship. The petitioner should keep in mind that they will be required to answer any questions that the judge may have and provide any information that is requested. The petitioner should pay a great deal of attention to how they present themselves in court, as the judge will be looking to see whether or not the petitioner will provide a good influence to the child.
A guardianship lawyer is an attorney that specializes in family and child law and has extensive experience dealing with children from troubled families. These attorneys will have a great deal of knowledge regarding the rights and responsibilities associated with becoming a legal guardian, as well as all of the aspects of the legal process. A guardianship lawyer will be aware of what kind of evidence is needed to sway the judge’s decision and also what kind of information is pertinent to the case. A guardianship lawyer will also know the best way to present this information to a judge.
Enlisting the help of a guardianship lawyer may relieve a great deal of stress from the petitioner, as well as ensure that all of the legal aspects of the case are handled properly, such as filing the paperwork. It is strongly suggested that anyone who chooses to represent themselves in court at the very least consult with a guardianship lawyer first.
Finding a Lawyer
Locating a lawyer to represent you in a child guardianship case should not be difficult. There are thousands of lawyers who specialize in guardianship law. There are guardianship lawyers located in every state throughout the country. The local phone book will list numerous guardianship lawyers. However, this is not always the best way to go about finding a lawyer to represent your case.
There are many online resources that are dedicated to helping people locate a nearby guardianship attorney. Many of these websites will screen the lawyers that they post and maintain a competitive selection procedure in order to ensure that only the most qualified lawyers are posted on their site.