How to Give Up Guardianship
Guardianship is a legal term that refers to one person being responsible for another. Legal guardianship is a major responsibility and is often given to a parent, relative or friend. Guardians can be set up to care for children, disabled people or the elderly. If you have guardianship of someone, and you would like to give it up, you can legally give up your guardianship rights to that person by following legal procedures.
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Instructions
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Visit the local clerk's office of the courthouse in your county and ask for a petition to terminate guardianship.
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Complete the form. This form will ask for your name, the child's name and the reasons for this request.
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Return the forms. Ask the clerk if you are required to make copies of the petition or if there are other forms you must fill out. Typically, this is the only one needed, but the requirements may vary by state and county.
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Attend the court date. After the clerk receives your forms, she will notify you about a court date. She may set this date up while you are there dropping the forms off, or you will be notified by mail. Come to court when the hearing is scheduled, otherwise the judge may dismiss the matter.
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Wait for the judge's decision. It is solely up to the judge whether he will allow you to give up these rights or not. Most of his decision weighs on the best interests for the child, or incapacitated person. Judges view your reasons for the request and must determine if it is better for this person to be in someone else's custody or in yours.
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Receive the order. If the judge agrees with you and allows you to give up guardianship rights, you will receive a court order that states that you no longer have legal guardianship rights for this particular person.
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References
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