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Guardianship is a legal role set in place so that an individual or minor who cannot make decisions for themselves will have someone to look out for their best interests and make major life decisions on their behalf. At Laura Eckstein Law, our guardianship attorney in Union County has nearly two decades of experience handling diverse aspects of family law. We handle each case as if it were our own and work to provide you with all the resources you need to make educated decisions about your future.
Guardianship of a Minor
Juvenile or probate court typically establish guardianship. Guardianship is established when parents of minors can no longer maintain custody or sufficiently care for the children. First, a guardian must have an existing relationship similar to a child-parent relationship. This is legally defined as when an adult has resided with the child or maintained physical custody of the child for a minimum of six months before filing a petition for guardianship. If the adult is not a family member, he or she must have resided with the child or maintained physical custody of the child for a minimum of 12 months before filing a petition for guardianship.
Other requirements for becoming the guardian of a minor include the following:
The guardianship must be in the minor's best interests
The guardianship must be necessary for the minor's well-being
The guardianship must be consented to by both parents and approved by a judge without parental consent
The guardian of a minor is held to the highest standard of responsibility. he or she must always act in the best interest of the child while maintaining all of the roles and responsibilities that a parent would normally possess.
When Does the Guardianship of a Minor Terminate?
The guardianship's authority over a minor terminates when the minor is legally recognized as an adult at age 18. However, the guardianship as a whole is over when a judge orders it.
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