The child has a lot of property worth a large amount of money You live outside the state you are seeking guardianship in One or both parents are contesting the guardianship The child has special needs The child is a Native American (because federal laws will apply)
If Child Protective Services does not become involved in the family’s case (i. e. , the child was not removed from the parents custody by the state), the parent will usually be able to arrange for the child’s care on their own. The parent may ask you to be a caregiver, which is only an option if you are a relative of the child. In addition, a caregiver can only make schooling decisions and it only lasts for one year. The parent may also sign a power of attorney making you the child’s caregiver. If you are an immediate relative you may be able to get financial assistance. If you are not, the state may not be able to help you and the child financially. If you want to get a court involved, you should ask for legal guardianship, which will transfer the legal rights of the child to you. A legal guardian can be a relative, friends, or foster parent. The parent’s rights will be suspended but not terminated. When the parent gets out of prison, they will hopefully be able to reunite with their child. As the child’s legal guardian, you will be eligible for many financial opportunities to help you.
A petition for appointment of a guardian A child information attachment A notice of hearing A consent form A duties form
In the petition, you will need to provide your personal information, a statement to the effect that you want to be the child’s guardian, whether you are related to the child or not, information about the child, and the reasons why guardianship is necessary (i. e. , because one or more parents are incarcerated). [4] X Research source The child information attachment is a detailed story of the child you are trying to become the guardian of. It will help the court determine if you are the best choice for legal guardian and if the court can even hear the case. You will need to tell the court about the child, including whether the child is Native American, receiving public assistance, and whether they are adopted. In addition, you will need to list the relatives of the child and explain why you would be the best choice. [5] X Research source The notice form is what you will give to the other parties in your case so they are aware of the legal action being taken. It will include your information as well as information about the case. [6] X Research source A consent form should be given to the parents of the child. If they sign the consent form they are basically agreeing that you should be the guardian of the child. [7] X Research source A duties form will outline all of the duties you will have as the child’s guardian. You will need to read through it and sign the bottom. [8] X Research source
In order to complete the filing, you will have to pay a filing fee. The fees will vary depending on where you file but it will usually be around $100-$200. After you pay the filing fee, your lawsuit will be stamped “filed” and you will have successfully started the guardianship case. [9] X Research source
The server can complete their duty by personally handing the party your lawsuit or by sending it to them in the mail. If a party cannot be found, document your attempts and submit that information to the court. The judge will look over your attempts and determine whether you can move ahead with out notifying that person. [10] X Research source
After the investigator completes their investigation, they will make a recommendation to the court. This recommendation will tell the judge if you are a good guardian candidate, whether there are concerns, and whether any other action should be taken prior to appointing you guardian (e. g. , counseling, emergency screenings, mediation). [12] X Research source
Ask you why you want to be the child’s guardian. You should explain that the child needs financial support and the parent(s) cannot give it because one or more of them are in prison. You should tell the court how well you know the child and you should be able to prove that a majority of people involved want you to be the guardian. Ask other interested parties for their opinions. If they agree with your case you shouldn’t have much of an issue. However, if one or more parties is taking issue with your case, the judge will listen to their reasoning. Ask the child for their input, if the child is old enough. [13] X Research source
When the judge rules in your favor, he or she will hand you a completed order. This order will need to be filed with the court. [14] X Research source
As the child’s legal guardian, you will need to help the child fight for the assistance they need. Start by locating your state’s agency that handles child support. For example, in Wisconsin, you will contact the Department of Children and Families.
Your information as the guardian. This will include your name, address, date of birth, and information about your job and income. Information about the child’s father and mother. You will include their names, addresses, and other identifying information that will help the state track them down. If you do not know where the either of them are, you can provide a physical description to help the state. Information about the child. This will include all of the identifying information including their name and Social Security number. Proof that you are the legal guardian. All you will need to do is attach the court order the judge provided you.
You can assess your initial eligibility by looking at the requirements the state agency lays out. Some states will offer a quick questionnaire that will help you assess this possibility as well. For example, in California, you can take a 15 minute survey that will ask you talk about your home life, your income, your costs, and your debts.
Your Social Security number and that of the child Proof of citizenship Pay stubs A list of property you own
If you are applying online, the questions you will have to answer will be similar to those you would have to answer in-person. Once you complete the application, you will submit it online and wait for a determination.
