Minor Guardianship – How Do I Get Started? Answering All of Your Important Questions (Part 1)
A minor guardianship is appropriate when appointing a guardian is in the minor’s best interests and either each parent agrees, all parental rights have been terminated, or clear and convincing evidence shows that no parent is willing or able to exercise parental functions.
Parental functions include maintaining a loving, nurturing relationship; attending to the child’s needs; attending to the child’s education; assisting in the child’s interpersonal relationships; exercising appropriate judgment; and financially supporting the child.
To start a minor guardianship case, you must file a Petition for Minor Guardianship: HERE
Anyone with a legitimate interest in the child’s welfare can file a Petition for Minor Guardianship. This includes not only relatives such as grandparents, aunts, or uncles, but also close family friends or other individuals who have a significant connection to the child. An ‘interested party’ is generally someone who is concerned about the child’s care or safety and is able to provide information about what arrangement would best serve the child’s needs. If you are unsure whether you qualify as an interested party, you may want to consult with an attorney to discuss your specific situation.
Starting Your Case
If you are starting a minor guardianship matter, consider a few preliminary issues.
- Will you be seeking short-term guardianship or long-term guardianship? (Until the child is 18). Depending on the proposed guardianship length, different forms are required. Determining the child’s needs and the parent’s situation can help you determine what is in the child’s best interest.
- Where to file your case. You should file your case where the child lives or is currently located. However, if another parenting plan or related case is in another county, it may be best to consult an attorney about the appropriate place to file.
- Where all the interested parties live or can be served. Notifying the biological parents, along with the necessary interested parties in a minor guardianship case is very important. If you anticipate an interested party may be difficult to serve, that is something you should address early on in your case.
- Gather your evidence. Start collecting evidence that supports your position. This could be text messages, emails, communications with school, doctors, or other professionals, and third-party supporting declarations. Sometimes it takes time to gather the necessary information, so starting early can help you stay prepared.
Part two will address who is allowed to have an attorney at public expense, background checks and training, and guardianship trials.
If you already know this is the path you need to take, please reach out. The Family Law Attorneys at Beresford Booth have extensive experience will all types of family law matters. Contact our office at info@beresfordlaw.com or call (425) 776-4100, to see how we can help.