A child guardianship appointment is where the court appoints a person to be the legal guardian of a minor. This is usually done by the judicial body according to the procedures outlined in statutes and laws of that particular region or jurisdiction.
In some cases, the guardian may be chosen by the natural parents of the child. An example of this is where the parents name a guardian in their will documents. The guardian named will then assume the legal responsibilities of the parents in the event that the parents become deceased.
The appointment of a guardian through a will is called “testamentary appointment”; it usually needs to be approved by the court. A court can often deny such child guardianship appointments if they decide that a different guardian would better serve the child’s best interests.
Guardianship appointments can occur in many different situations. Often times the court may make a guardianship appointment independently, apart from the requests or desires of any other parties. This might happen in situations such as:
When appointing a guardian for a child, the courts will only consider persons who are qualified and who meet state eligibility requirements for being the guardian of a child. The court may analyze many different factors such as:
Thus, child guardianship appointments are always done in a very methodical and careful manner. It may sometimes require the input of a case worker or social worker who has some experience in counseling the child. That way, a guardian can be selected who is most able to meet the child’s needs.
Selecting the right person to act as guardian for a child is a major decision. The guardian must fulfill a number of legal tasks and duties on behalf of the child. You may wish to contact a qualified family lawyer near you if you need help with guardianship laws. Your attorney can provide you with sound legal advice regarding guardianship. Also, your attorney will be able to represent you throughout the entire court process.
Last Modified: 04-24-2018 11:54 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.