How to File for Guardianship in Arkansas
In Arkansas, it is legal for a sane adult who passes a background check to file for guardianship of a child or a mentally or physically impaired adult. Guardianship is different than adoption in that the guardians do not become the new parents of the child or adult. A guardian becomes that person's legal caretaker. Guardianship can be filed for by the petitioner, or a lawyer may be hired to help him through the process.
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Instructions
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Go to the local probate court in the county where the child or individual is a resident. Obtain the free petition for guardianship at the clerk's office. The documents will be slightly different for different county courts, but instructions and fees will be listed on the documents themselves.
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Fill out the petition and return to the clerk's office. File the petition along with the required court fee.
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Make copies of the petition once it is stamped by the clerk of the court. Send copies of these to the other individuals who will be involved in the case such as the child's parents, step-parents, case worker, etc.
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Wait to be notified of your court date to appear before the judge. Contact any knowledgeable and reliable individuals who are willing to testify as to why you should be the guardian. Ask them to accompany you to the hearing, if possible. Collect any documentary evidence that supports your case so that you can submit it to the judge.
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Tips & Warnings
If a child's parents are living, custody is often retained by the parents unless it can be proven that they are unfit to raise the child, or they willfully transfer guardianship of the child to someone else.
Contact an attorney who will collect and file the necessary paperwork and prepare your case for the judge, if desired. The court fees may be covered within the attorney's fee as well.
References
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