Guardianships are an arrangement in which a court or a parent names an individual to make decisions for a minor child. States laws will differ on the specific powers and obligations of a guardian.
Parents are able to grant guardianship to another individual for a multitude of reasons. A court may also name guardianship rights to another individuals if it determines it is within the child’s best interests. Different from adoption, parents are going to keep a legal relationship with their child despite the fact that someone else is caring for their child.
Parents are allowed to get their guardianship rights back by either revoking the initial guardianship or petitioning for a court order of that effect, subject to the circumstances.
This post is about ways parents are able to get the guardianship of their child back.
Ways of Terminating a Guardianship
Usually, a guardianship is systematically terminated when one of the below happens:
- The child turns eight teen years of age, or reaches adulthood age in their state
- The child passes away
- The judge dissolves the guardianship after establishing it no longer benefits the child
- The present guardian voluntarily renounces their guardianship. In these cases, the court is going to appoint a new guardian if they determine one is necessary.
How Do I Get Guardianship Back?
The court is going to terminate guardianship using a court order. The court is going examine several factors to determine whether to terminate the guardianship. These comprise of:
- Is the termination going to be in the child’s best interests?
- Are the parents in balanced and suitable condition to take on the role of guardians?
- What does the child, prefer when the child is older than twelve years old?
What Steps Do I Need to Take to Get Guardianship Back?
When the guardianship was court ordered, the first thing you should do is petition the court summarizing the reasons why you should be granted the guardianship. In accordance with the Uniform Child Custody Jurisdiction Enforcement Act, you are required to file the petition in the family court in the home state of the child. A home state is determined by where the child resided for 6 months prior to when the petition was filed.
If you lose guardianship because of problems with your mental health or financial issues, you are required to show the court evidence of treatment and that you are financially competent of taking care of your child.
Get Assistance with Your Guardianship Case
There are stringent steps you are required to follow to acquire your guardianship back. A knowledgeable family law attorney can assist with an assessment of your situation and establishing the best way forward for you to become legal guardians of your children again.
How to get guardianship of your child back. (2019, October 14). Retrieved May 19, 2021, from https://www.findlaw.com/family/guardianship/how-to-get-guardianship-of-your-child-back-.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.