Shane, who specializes in working with L.G.B.T. youth, said this is especially true for parents in religious and conservative communities where a guardian may reject a child`s identity and even try to change it. If there`s a risk of this happening to your child, she said, “I have to recognize that my priority is that my child is raised by someone who doesn`t hate him.” More than one adult can serve as a guardian for a child at the same time. Before taking this step, it is important to consider the possibility of disagreements between guardians that affect your child`s future. However, in some cases, it may make sense for one adult to be better able to provide the emotional support a child needs, while another manages their finances better. Different children in the same family may have different guardians, which can be a good option if they have already established bonds with certain adults. Only a court can appoint a legal guardian – this is a legal relationship. The court may appoint someone through the juvenile maintenance court, which usually involves child welfare services, or the court may appoint a family member, friend, foster parent or other non-parent to apply to become the child`s guardian. As a general rule, the court may designate any person qualified to act as a guardian of a person. It is not necessary for a guardian to be related to the person over whom guardianship is sought (also known as a “protected person”), although appropriate relatives are preferred if more than one person applies to the court for guardianship. I want to update my will to change my children`s guardians, or the person my children would live with if my husband and I died suddenly.
When we made the decision, we chose my cousin, who had two children at the time. Now she has four. To give him two more children to take care of? I can`t do that to him. But either way, the call to our estate planner to begin the process keeps slipping down my to-do list. When I asked friends about their own estate planning, I was surprised how many of them said that they, too, wanted to change their initial choices. I was even more surprised to see how many said they had never made a will. “Death is not an option for us,” one mother told me. Legal guardianship is one of the options available to parents who plan to care for their children in their absence due to various situations such as illness or imprisonment.
It allows parents to designate a caregiver and grant them certain legal rights regarding the care of the child or children. In most cases, parents` legal rights are not taken away and parents still play a role in their children`s lives. Guardians have custody of children and the power to make decisions regarding protection, education, care, discipline, etc. A careful lawyer should also encourage you to consider the following when choosing your child`s guardian: However, if there are different people who want to be appointed as guardian separately, the court will choose the most suitable person. In determining who is most appropriate, the court considers the following: California Family Code 3041 states: “Before making an order for custody of one or more persons other than one of the parents, the court shall determine, on the objection of either parent, that the transfer of custody to one of the parents would be injurious to the child and that the transfer of custody would be injurious to the child. to the non-parent is necessary: to serve the best interests of the child. Legal guardianship is assigned by a court, such as family court, under state law. For parents or guardians involved in guardianship cases, it may be helpful to consult and/or hire a lawyer working in the area of family law. If you need help finding a lawyer, the American Bar Association (ABA) website offers a variety of services for the general public, including the Find Legal Help website, which includes pro bono lawyer referrals and links to court resources.
The ABA provides a section called Free Legal Answers for submitting questions on civil law issues. A directory of law schools that offer pro bono programs is also available on the ABA website. It`s wise to review your choice of guardian every five or 10 years if you have a young child (every year if your child has special needs), but there are times when it`s especially important to consider updating your will: Most countries and states have laws that provide that the parents of a minor child are the natural guardians of that child. and that parents can determine who will be the child`s legal guardian in the event of death, usually subject to the consent of the court. If the parents of a minor child are disabled or deceased, it may be necessary for a court to appoint a guardian. [1] A hearing is usually required to review an investigator`s reports based on interviews with the child, parents and prospective guardian, who must be an adult. You may want to appoint a substitute tutor if your first choice is not approved. If the parents do not agree on who should act as guardian, the judge chooses between their proposals based on the best interests of the child.