Everything you Need to Know About Legal Guardianship and Custody


Legal guardianship and custody occur when the court grants the right to care for a child to someone other than their biological parent. Filing papers in courts can establish guardianship. It would help if you began by stating your reason for obtaining the guardianship and a consent letter from the child’s parents.

For parenting advice and how to properly handle family matters, visit this site as a guide for fruitful discussions among the household.

Establishing a Child’s Guardianship  

The first step of establishing a child’s guardianship is filing court papers. Initially, you should file a petition stating your reason for getting the guardianship, alongside the filing fee. Interested applicants should also submit a consent letter from the child’s parents.

The court will set up several interviews after you file your petition or might order a home inspection at times. After the law verifies your guardianship petition, you will receive an order to establish guardianship. Ensure you check the instructions on the government’s website.

Can I Choose a Guardian for My Child?

The answer is yes. It will help to establish guardianship for your child with a trustworthy person if you become unable to raise them. The best way to achieve this is by including it in your will. Pick a trustworthy person and a clause on who should raise your children when you become incapacitated.

Parents can also pick more than one guardian. However, this is not advisable as it can raise issues if the co-guardians disagree. A potential guardian should have the following qualities;

  • Be a legal adult
  • Have enough time to raise the children
  • Be physically able to meet these duties
  • Be financially able to raise the children.

Should you Explain Your Choice When Picking a Legal Guardian?

It is always advisable to have an explanation letter for any magistrate that might question your guardian’s choice. Judges put the child’s interests first, making it essential to explain why your candidate is well-versed for the task.

Below are the top things judges consider;

  • Your child’s choice
  • The potential guardian’s character, conduct, and fitness
  • The relationship between the guardian and the child
  • Who can meet the child’s needs comfortably

Can you Establish the Child’s Guardianship if the Parents disagree?

Guardianship is only provided if;

  • The parents agree
  • The judge decided that separating the child from their parents was the best idea.
  • The child has been abandoned by their parents.

Specific issues might arise, enabling you to get the child’s legal guardianship. The child’s other family members should also be notified of your guardianship’s pursuit even though you do not need permission from all relatives.

Being a child’s guardian is not easy as it features many responsibilities. Taking this step is a huge responsibility, and you should think it through.

Final Thoughts 

Legal guardianship and custody are a norm today and are becoming more popular. Interested individuals should follow the above steps to gain total guardianship, and more tips are available online. Kindly reach out for more information.

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