When making a will, it`s important to appoint a legal guardian for your child in case something happens to you. After your death, this type of guardianship application ends up being submitted to the court for approval. A judge will usually grant your wish as long as the guardian you appoint is still willing and able to serve. However, if another family member or person decides to bring an action for guardianship, the judge will decide what is in the best interests of the child. Factors such as the age of the guardian you have chosen, financial stability, location and relationship with the child can play an important role in this decision. Someone should definitely ask for formal guardianship if both parents are in jail! We can help you with the paperwork. Remember that this is not a cost-effective process. Both parents must be notified at the time of submission. Your husband can sign a nomination form for you. Call us at 800-747-2780 to get started. Hello. I entrusted the guardianship to my great-aunt and my 16-year-old uncle. My 16-year-old daughter and her great-aunt argued.

Her aunt also speaks badly to her and my daughter gets angry and quarrels. My daughter has no respect for her or for him. She told them she wanted to come back with me. His aunt told me to pick up or pay him a plane ticket. They tell her she can`t leave until January. Can she go home while her great-aunt and uncle finish the guard ship? The aunt and uncle lied on the court paper. My 18th birthday is ready to write a letter telling the court that the decision on the court is not true. I really need help with that. Once the parent has died, the parent would most likely have to apply for judicial guardianship, which would of course require an investigation. Parents would likely be advised to make a will and appoint the half-brother as guardian. Call us at 800-747-2780. Sometimes the court will take into account the wishes of the minor, whom he wants as legal guardian.

In other cases, the court may review a continuing power of attorney or will to determine who has been appointed as the minor`s legal guardian. However, in the absence of such documents, the court will usually appoint a close family member. You may want to file a legal guardianship with which we can help you. You don`t have to be married to do this. Where is the father of the child? If all of the above is true, you may be able to avoid a court order and get temporary guardianship instead. A temporary guardianship agreement is a private agreement that does not require the consent of a judge. I would provide them with a notarized formal withdrawal or termination document that removes informal guardianship and gets them back. If she doesn`t release them for you, call the police. She can always try to file emergency documents with the court once she knows your intention. This does not mean that the court would grant your request, but you would be obliged to respond accordingly. My wife received guardianship from her nephew when he was 1 month old.

The mother was imprisoned and the father had substance abuse problems. Now, after six years, we have received a subpoena to end my wife`s guardianship. The biological mother says she is free from drug addiction and would like to be reunited with her son. Our concern is that she has several children 6 before and two after and fear that she will return to her addiction, which puts our son in danger. We know it is in his best interest to stay with us, as we are the only family he has ever known, but we fear that the court will grant his request since she is the biological mother. We really have no idea what to expect or what legal procedures to follow. Hi, my ex-husband and I have had 50/50 custody of our son since he was 5 years old and he is now almost 12 years old. Well, I left the county 4 years ago and we were not in court to change the agreement.

My ex-husband has a new girlfriend who lives with him and he keeps telling me that she is the babysitter of our sons and that she has the right to do what she wants since she lives in the house, but I am still very involved in my son`s life. Is that correct and can she one day maintain guardianship if both parents are still alive and do not have substance abuse? I`ve had cancer and I`m in remission and I want everything to be ready in case something happens to me. I am a single mother and my son father is a drug addict and is on probation and admits that he cannot be responsible for our son, that things could get worse or that he could fall into place, so I would like my best friend to have guardianship of my son if I died. What is the process or what should I do to leave the set that my best friend would be left as my son`s legal guardian and his grandparents can`t fight for him Hello, I`m interested in knowing what you can do to prepare for a worst-case situation as my husband and I prepare our wills. We have established our guardianship preferences, but what happens to a child if both parents are unable to work or die and the guardian is not in the state? I would like to know what you can do so that someone who is there, whom you trust and who knows the child well, can temporarily have guardianship of your child while your permanent guardian travels. In other words, to avoid having a time when the child is temporarily taken into custody by the police or a stranger. Is there a specific document you should create for this? And if so, to whom do you give it? Thank you for your advice! What are the rights of a designated father in the event of an attempted adoption by the grandparents and an application for termination of the rights of a child who has been said to have died, then died and deprived of him or who was never met or notified in the context of a guardianship procedure, which was the first step of adoption on the basis of guardianship for two years, that was in the best interests of the child? Whooo long question I`m sorry. Hello, I live in California and my nephew lives in Washington.

He is 15 years old. His parents are unable to take care of him and they are willing to let him stay with me. I don`t know how to start the process or where to start. I know that laws vary from state to state. I know they can`t go here to sign papers for anything either. What should I do in this case? I recommend that you speak to a lawyer to see what your legal rights may be and how you can address this contentious issue. I take my 2nd cousin, bc her mother, my cousin, is on drugs and on probation in another state and the current guardian is an older amputee with a healthier husband. I don`t have a lot of money because I`m already a single parent and I don`t have child support. I am not receiving any government benefits or assistance, which is fine at the moment, but I do not know how to afford the guardianship process because I believe I would have to hire a lawyer in both states to get permanent guardianship.

She is 15 years old and will be going to the local high school and they said it was best to transfer her as soon as possible. How can I make this fluid? Would this be enough to become their authority? If you need legal documents to establish an informal or legal guardian of a minor child, contact A People`s Choice. We are happy to inform you about the different types of guardianship for minor children and discuss how we can help you. For more information, see the Judicial Council of California brochure. This document provides a good overview of guardianship and guardianship alternatives in California. I want to be the legal guardian of my own biological sister. She is 13 years old and lives with our biological parents in California. I am married and my husband is in the military. How am I supposed to start the process because I don`t know where to start. That being said, informal guardianship has some drawbacks. For example, informal guardianship generally does not allow a person to include the minor child in their health insurance. In addition, a non-parental caregiver may accept a disability assessment or sign a child`s special education plan if the parent is still available to make the decision.

To establish legal guardianship of minors in California, a person must file an application for guardianship in the county where the child lives. In addition, they must fill out the following forms when submitting an application for guardianship for minor children: I have 2 children who are currently with my brother due to the fire of both parents.