How Do I Give Guardianship of My Child to Another Person?
When you permit another adult to have legal guardianship of your child, you are allowing that person to have full custody and control over that child. A legal guardian has the right to make all decisions concerning your child, including which school she can attend, where she will live, and even whether or not she can visit you. A parent may name a guardian for his or her child in anticipation of the parent's untimely death; other parents permit guardians to take over when they are physically or emotionally unable to care for their child. A legal guardianship is obtained through court order, and the legal process for doing so is initiated by the prospective guardian.
Other People Are Reading
Instructions
-
-
1
Decide on the person you'd like to be the legal guardian of your child. This is critical, as the legal guardian will have complete authority over your child and is the one who must petition the court for custody. In considering this person, think about the adults with whom your child already has a trusting relationship, and those you'd trust to look out for the well-being of your child. You should also take into account the health, finances, and values of the person you would like to be guardian of your child.
-
2
Ask the prospective guardian to file a guardianship petition in the local court that has jurisdiction, since a legal guardianship is always established by court order. In addition, it is the prospective guardian who seeks guardianship, not the parent. The prospective guardian must obtain from the court a guardianship petition and other relevant forms (sometimes these are available online), all of which must be filled out completely. Among other things, the forms will ask for background information on the prospective guardian, the parents, written permission from the parents of the child, and the reason the person is seeking a guardianship.
-
-
3
Await the outcome of the court hearing. Although it varies by state, a court hearing on a guardianship petition usually takes place six to eight weeks after the paperwork is filed. During the waiting period, the court's investigative unit or the state Department of Social Services will conduct an examination of the prospective guardian and his or her home. The investigator's observations and conclusions are then compiled in a report, which is given to the court before the hearing. At the hearing, the court uses all available information to determine whether the guardianship is in the best interests of the child. If it is deemed so, the court will issue an order granting guardianship to the person who filed the petition.
-
1
Tips & Warnings
You may also want to consider establishing a temporary guardianship for your child. This type of guardianship is used when you need another adult to care for your child for a short period (for example, during an illness, or while the child is on a school trip). Unlike a long-term guardianship, a temporary guardianship does not require a court order. The only requirement is that there be a written agreement giving temporary custody and control of your child to another adult for a specified period of time.
A guardianship usually lasts until a child's 18th birthday, but in some cases it may end earlier. A guardianship can be difficult to overcome, so only seek a court-ordered guardianship as a last resort.
References
Resources
- Photo Credit happy child image by Mat Hayward from Fotolia.com
