To establish guardianship of a child, you first file a petition declaring your interest in getting guardianship of the child, which includes a filing fee. You will also need to file a letter of consent from the child’s parents. After you’ve filed the petition, the court will organize interviews with you, the child’s parents (when applicable) and any other interested parties. The court may also order a home inspection and a criminal background check.
When determining your guardianship, and for any issues involving children, the courts make their decision based on the best interests of the child. If the courts find it is in the best interests of the child, the court will grant you legal guardianship of the child, and you will sign an oath accepting certain responsibilities of the guardianship.
It is a good idea to leave a letter of explanation for the judge determining your guardianship. Since judges always use the “best interests of the child” standard, it would be prudent to list in your letter why you becoming the child’s guardian would be in the child’s best interests. Commonly, judges take into consideration:
- the preference of the child
- who can provide the best stability and continuous care
- who can best take care of the child’s needs
- the relationship between the child and potential guardian
- the conduct, fitness, and character of the potential guardian
The judges also take into consideration the preference of the existing parents. The guardianship may only be granted if:
- both the parents consent, unless only one is available
- the parents have abandoned the child
- the parents have had their parental rights terminated
- a judge decides it would be in the best interests of the child to remove the child from the parent’s custody
A child can sometimes be placed under new guardianship despite the parent’s objections. This usually happens by proving the current parents are unfit. The child’s other family members also have rights to the child. The child’s family will have to be notified. Though you do not need the consent of every relative, a relative’s objections could hurt your chances for become a legal guardian. If a family member objects to your obtaining guardianship, seek help from an attorney.
Becoming a legal guardian is a huge responsibility that should be taken seriously. Before you commit to becoming a guardian, seriously consider the following questions:
- Am I ready to continuously fulfill the child’s needs?
- Do I have the time and energy to raise a child?
- Am I ready to accept full liability for the child’s actions?
- Do I have a strong relationship with the child?
- Am I ready to manage the child’s finances and provide records to the court?
- Am I ready to go through the court proceedings necessary to obtain permission to handle certain financial issues?
- What is my relationship with the child’s parents like? Will they support my guardianship, or be hostile?
- How will the guardianship affect my own family, health, job, and life?
- What is my financial situation? If the child’s care is funded through social security, government assistance, the parents, or assets from a deceased parent, are those funds enough?
- Am I willing and able to spend my own money on the care of this child?
