How To Transfer Guardianship From One Person To Another

Download Article

Download Article

In most states, parents are considered the natural legal guardians of a child. To transfer guardianship – whether you are a parent or another adult currently serving as guardian – requires filing a petition in court and getting blessing from the advisable judge, typically afterward a hearing and other evaluation to make up one's mind if transferring guardianship is in the child's best interest. If yous need to transfer the guardianship of a child, you lot should consider talking to an experienced family unit law attorney who tin can assist explicate the procedure in your state.

1. 1

   Outline the guardian's responsibilities. Your court clerk or family police force facilitator may have a checklist yous can use to review the bones responsibilities of a guardian nether your country'due south law and determine how they apply to your situation.

   • Generally, guardianship enables other adults such as grandparents to care for children without terminating parental rights, as would occur if the child were adopted.^[1]
   • Guardianship tin can provide stability for children while their parents or other custodial family are in the midst of change or upheaval. For case, if a single parent goes to jail, the child's grandparents may want legal guardianship of the child. Once the parent is released from prison, she may want to have that guardianship transferred back to her.
   • Legal guardians essentially human action as a parent for the child, making all the basic decisions such as schooling and medical handling for that kid.^[ii]
   • Keep in heed that legal guardianship technically does not include financial responsibility for the child – this responsibility remains with the child's parents provided they are alive and capable of providing financial back up.^{[3] [4]}

2. 2

   Talk to the child. If the child is old enough to class an opinion on her guardianship, she should be consulted regarding the people yous have in heed to transfer guardianship.^[five]

   • If the court appoints a guardian advertising litem – a neutral third-party who evaluates the situation and represents the kid'southward best interests in court – i of the things he will consider is how will the child gets along with the potential guardian.^{[half dozen]}

   Advertisement

3. 3

   Interview potential candidates. After you lot've made a preliminary decision regarding who is best suited to accept care of the child, have an extended conversation with each one to make certain they understand and are capable of fulfilling all of a guardian's responsibilities.

   • As a bones thing, a guardian must exist of legal age in your country – typically 18, but sometimes older. She as well must have a genuine involvement in your kid's welfare and be mentally and physically capable of caring for the kid.^[vii]
   • Yous also desire to make certain that y'all're comfortable with the guardian's cultural background and beliefs.^[8] For example, if the child is existence raised in an Orthodox Jewish household and tradition, you may not want to transfer guardianship to someone who is an avowed atheist.

4. four

   Get the required forms. Each state typically has forms that are pre-approved by the country'southward court arrangement for a guardianship petition, which yous tin can become from the court clerk or at a legal aid or family constabulary clinic.

   • Since each court may crave dissimilar forms, make certain you check at the specific court where you intend to inquire for a transfer of guardianship. Typically, yous want to employ the courtroom in the county where the child lives.^[9]
   • If you go to the clerk's function and explain that you want to transfer guardianship of the child, the clerk should be able to provide you with the appropriate forms.^[x]
   • Along with the main petition for guardianship, you also may have to fill up out other forms such every bit a child custody affidavit, through which you disclose where the child has been living for the past v years and the names and addresses of anyone else such as other close family unit members who may accept a legal interest in your petition.^[xi]
   • Typically the forms come with step-by-footstep instructions for filling them out. Reading those instructions thoroughly and making certain you lot understand them before you start filling out the forms will save you a lot of time and duplicated effort.

5. v

   Get together information. Pull together information about the child and financial documents you may need based on your outline of the guardian'due south responsibilities and the class itself.

   • You need to make copies of all of these documents. Some of them you must include with the forms you submit to the court; others comprise data the new guardian will need to comport out her responsibilities.

Advertisement

1. ane

   Fill up out your forms. Provide all the information required, taking care that your answers are thorough and honest.

   • The person who fills out and files the guardianship petition demand not exist the person who will become guardian of the child if the courtroom approves the petition. If you are the electric current guardian of the child and wish to transfer guardianship to some other person, yous may fill out the forms and propose that person get the child'south new guardian.^[12]

2. 2

   Have your forms reviewed by an attorney or family police skillful. Even if you lot can't afford an attorney to represent you through the entire guardianship procedure, you may be able to accept someone look over your forms and verify that you've filled them out correctly.

   • Yous typically don't take the correct to a free attorney in family police force cases. Yet, some states such as Maine provide gratis attorneys for parents in guardianship cases.^[thirteen]

3. 3

   Sign your forms. In one case you're satisfied with your answers, sign and appointment your forms. In some states, you may be required to sign your forms in the presence of a notary.

   • If you were required to fill out any affidavits, these must be signed in front of a notary considering they are written under adjuration.^[fourteen]
   • Subsequently y'all've signed your forms, make enough copies then yous have one copy for your records and additional copies for anyone you're legally required to notify of the petition.^[xv]

4. 4

   File your forms with the appropriate court. Brainstorm the courtroom procedure by taking your forms and your copies to the clerk's office of the court that will hear the guardianship case.

   • You must pay a filing fee to initiate your guardianship case in the court. These fees vary among states and sometimes even amongst courts within each state.
   • If you cannot afford filing fees, you should enquire the clerk for an application to take the fees waived. You must disembalm details about your income and finances, but if the estimate approves your application you lot won't have to pay any filing fees for your guardianship case.^[xvi]

5. 5

   Notify any other parties. Virtually states require you to provide notice to parents or other close family members of the child that you are asking the courtroom to transfer guardianship.

   • Yous provide legal detect past having a sheriff'due south deputy evangelize the papers you filed to the party personally, or past mailing the papers using certified post. Either method ensures you accept proof that the required parties knew about your petition.^[17]
   • You also may be required to send legal notice to the child if she is over a certain age and has not signed the petition indicating her consent. In Maine, for example, you must serve copies of the forms yous filed to the kid if she is over the age of 14.^[18]

Advertisement

1. one

   Organize your documents and data. Make copies of all the documents you've filed with courtroom, as well as whatsoever other documents you intend to use as show, and keep them together so y'all can take them with you to courtroom.

   • If your case is contested, consider hiring an chaser to represent you lot in court. Guardianship police can be complicated, and if someone disagrees with the transfer of guardianship you may need an chaser experienced in guardianship cases to look subsequently your best interests and the best interests of the child.
   • Yous may exist able to find free or reduced-fee legal assistance if you lot don't believe you can afford attorney's fees. If yous're concerned about your ability to afford an attorney, check your local legal aid or family law clinic for resources.

2. ii

   Research your state's police force. Earlier yous attend your hearing, make sure you lot take a good agreement of the "kid's best interests" legal standard as applied in your country.

   • Once you get to court, y'all accept the brunt of proving that your guardianship is in the child's best interests. Depending on the situation, yous too may have to testify that the child'south parents are incapable of caring for the child.^[nineteen]
   • Generally, the estimate will consider the relationship betwixt the child and the proposed guardian, the moral grapheme of the proposed guardian, and who can best fulfill the child'due south physical and emotional needs with stability and continuity.^[20]
   • Judges also consider the preference of the kid, the child's ties to his community, interest in school, and how a transfer would bear upon those ties and involvement.^[21]

3. 3

   Cooperate with the guardian advert litem. If the judge appoints a guardian ad litem, make yourself bachelor to her and answer any questions she might take every bit she evaluates the case.

   • A guardian ad litem is a lawyer, psychologist, or other professional who has training in evaluating the needs of children in circuitous family situations. She volition interview all parties involved besides as the child.^[22]
   • The guardian ad litem also may complete background checks on yous or other adults living in your household, or enquire to speak with friends and co-workers about yous.
   • Ultimately, the guardian ad litem compiles the data she has gathered and issues a written report to the court that outlines her conclusions on the all-time interests of the child along with her recommendation on whether guardianship is appropriate for the kid in this case.^[23]
   • In some cases, the court may order a home visit or inspection of the location where the child would live if guardianship was transferred.^[24]

4. 4

   Appear in courtroom. You lot must announced in court at the date and time the hearing on your guardianship petition has been scheduled.

   • In some circumstances, you may be able to avoid a protracted hearing if all interested parties concur to the guardianship. Although the judge still has to approve the guardianship, the process typically will be quicker and less formal.^[25]

5. v

   Present your case. Since you lot filed the guardianship petition, y'all typically will be given the opportunity to explain to the judge why y'all're requesting the court transfer guardianship of the child.

   • Since guardianship unremarkably lasts until a kid'southward 18th altogether, transferring guardianship of a kid from one guardian to another tin can be difficult even if all parties concur. The estimate must review the transfer and will not approve it unless she believes information technology is in the best interests of the child, because all circumstances.

6. six

   Receive the judge's order. After the hearing, the gauge will event an order either granting or denying your petition.

   • If the guess grants your petition, you lot may exist required to fill out additional forms accepting or acknowledging the guardianship. You also may exist required to file almanac reports with the court. The judge or the clerk typically will allow you know of any further requirements or filings.^[26]
   • Nigh states require that you sign an affidavit stating that yous understand and accept the responsibilities of guardianship and will fulfill those responsibilities in accordance with the best interests of the child.^[27]
   • Once the guess's final order is entered, make enough copies and then y'all can provide them as needed to places such as the child's school or doctor'south office.^[28]

Advertisement

Ask a Question

200 characters left

Include your email address to get a message when this question is answered.

Submit

Advertisement

Nearly This Article

Thanks to all authors for creating a page that has been read 41,509 times.

Did this article help yous?

Source: https://www.wikihow.com/Transfer-Guardianship-of-a-Child

Share this post