How to Obtain Legal Guardianship
Legal guardianship entitles an individual with the legal rights to make decision pertaining to the welfare of a child. The legal guardian is not always the biological parent however this individual acts as a parent. Legal guardianship is awarded to this individual for several legal reasons including the inability for the biological parent to properly care for the child.
- Secure evidence pertaining to your reason for seeking legal guardianship. For instance, if you are seeking legal guardianship of a child that has been abuse you should work with law enforcement to secure evidence to prove the abuse. In cases such as these you have to prove that the child was in this specific parent's care at the time of the abuse.
- Do contact social services and/or child welfare to make a report. A social worker through social services has the right to remove a child from a parent's custody pending investigation of abuse allegations. The social worker could work with you to obtain temporary custody of the child.
- Hire a lawyer. You should seek legal consult when seeking legal guardianship. A lawyer will hear your case and help you determine whether you have sufficient evidence to obtain legal guardianship. A lawyer will provide you with the petition required to petition the probate and/or family court for legal guardianship of this child. This lawyer gathers information pertaining to your employment and ability to financial support this child.
- Work with the court appointed child advocate. The court appointed child advocate will question you pertaining to your allegations to clear up any information left out of your statements to law enforcement. This child advocate is not the enemy; he or she was appointed to represent the child and protect the best interest of the child.
- Attend all scheduled hearings and/or legal proceedings pertaining to this legal guardian case.
- Do follow instructions given by your caseworker. You are appointed a court liaison and/or caseworker that will check in with you and evaluate the welfare of this child. This appointed liaison or caseworker would not inform you of meeting times or dates. He or she will simply show up.