Need Advice on Guardianship Process

Family Law
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Hey everyone,

I’m looking into becoming a legal guardian for my niece and want to understand the process better. What steps do I need to take, and what should I be prepared for? Any tips or experiences would be really helpful!

1 Like
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Here are the key steps you will need to take:

  • Consult with an attorney: Start by hiring an experienced guardianship lawyer. They’ll help you navigate the legal requirements specific to your state or jurisdiction1. Guardianship can be appointed by a probate court or through a family court petition.
  • Determine the need: Assess why your niece requires a legal guardian. Common scenarios include parents passing away, abandonment, surrender of parental rights, or inability to provide proper care. Courts prioritize the child’s best interests when appointing a guardian.
  • File a petition: Begin the process by filing a petition for guardianship in the appropriate court. You’ll explain why your niece needs a guardian and provide the necessary documentation.
  • Evaluation and investigation: The court will evaluate your suitability as a guardian. They’ll consider factors like stability, your relationship with the child, and your ability to provide proper care.
  • Court hearing: Attend a court hearing where your case will be reviewed. If approved, you’ll be appointed as the legal guardian.

Remember to seek legal advice, gather necessary documents, and be prepared for the court process.

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If the parents’ circumstances have changed significantly and they have finished or made significant progress toward their case plan, they may ask the court to reopen the case. Do you believe the mother is capable of making such changes? Will she have the extra cash to employ a lawyer, or will she be smart enough to know how to file a move without legal assistance? Yes, there is a risk associated with permanent guardianship if you believe she is capable of doing so. But remember that the state cannot assist her in this process. The dependency case ends when you take on permanent guardianship, at which point everyone is left on their own.