How to Change Guardianship - Ogborne Law, PLC

For changing the guardianship of a child, you are required to file a petition with the court in the city or county where the child currently lives. Along with the petition, you should also file evidence backing up your reasoning for changing guardianship and present written approval from the child’s current guardians. After you have presented the court with the documentation, a judge will examine your case and make a decision on what guardianship arrangement is going to be in the child’s best interest.

Table of Contents

Changing Guardianship Step 1

Develop a petition for guardianship. Having the court contemplate the transferring of legal guardianship, you will be required to outline a petition in accordance with the state you live in child custody laws. The petition needs to list the child’s full name, date of birth and location of residence, along with public details on the child’s parents, existing guardian and suggested legal guardian.

Changing Guardianship Step 2

List your reasoning for changing guardianship. Since a change in guardians and living conditions can be difficult on a child emotionally, the court might not approve the petition until you can provide reasoning why the new custody arrangement is in the best interest of the child.

Changing Guardianship Step 3

Acquire written approval from the child’s existing legal guardians. If the child’s parents and existing guardian agree to the change in guardianship, they are going to need to implement a document that states that they consent with the suggested arrangement. When they desire for a brief change in guardianship only, they should declare the date they want for the guardianship arrangement to be kept in place. Both the parents and guardians need to sign and date the documents in the presence of a notary public.

Changing Guardianship Step 4

Submit the petition and written approvals to the county clerk. Following the court reviewing the documents, a hearing date assigned to you. All relevant parties, including the child, are required to go to the hearing.

Changing Guardianship Step 5

Demonstrate that the new guardian has the capacity to take care of the child. The court may ask the suggested guardian to provide evidence establishing that he or she is suitable to care for the child. He or she might be asked to fulfill a background check, demonstrate proof of income, and have a home assessment carried out by a state social worker.

Source:

Green, A. (2020, May 18). How Do I Get My Child Back From a Guardian? Retrieved December 02, 2020, from https://legalbeagle.com/5758151-do-child-back-guardian.html

Arizona Family Law

Naming guardians in your will can be part of your estate plan. You may think you’re too young or don’t have enough money to justify the expense, but if you have children, you have priceless assets. There are many considerations when naming guardians for your kids. However, the process doesn’t have to be expensive or complicated.

There’s nothing better than the peace of mind you will have knowing you’ve protected your family at a time when they need it most. Let us help. Schedule a consultation or contact Ogborne Law, PLC of Arizona today.