Scottsdale AZ Guardianship Lawyer
In the event of biological parents being unable to care for a minor child, it might be necessary for a guardian to be appointed, as a Scottsdale AZ Guardian Lawyer can explain. In Arizona, laws have been established that state how a guardian can be appointed and what steps should be taken in order to complete the process. Although it is possible to file for guardianship of a child on your own, it is advisable to retain a Scottsdale AZ Guardian Lawyer who handles guardianship cases.
Guardianship of a Child in Arizona
In general, a judge will grant guardianship when:
- Both parents consent to guardianship (or one parent, when the other is incapacitated or has died)
- The parents have had their parental rights terminated
- The parents have abandoned the child
- The judge feels it is in the best interest of the child to remove them from the biological parents custody
In some instances, it is possible to receive guardianship of a child despite any objections from a parent. Generally, a scenario like this would involve abuse, neglect, unfit parents, or a combination of the aforementioned. If you are the concerned loved one of a child who might be in a risky situation, consult a Scottsdale Arizona Guardian Lawyer for further advice.
When You Are Seeking Guardianship of a Child
If you are pursuing guardianship of a child, other members of the family must be notified. They also have the right to contest your pursuit. You do not necessarily have to get their consent. Should they object to you being the guardian, you may be required to hire a Scottsdale AZ Guardian Lawyer.
Requirements to Be a Guardian of a Child
In order for you to file for guardianship of a child, you must be:
- At least 18 years of age
- A resident or citizen of the United States
- Of Sound Mind
- Have a genuine interest in the child
- Be physically able to care for the child
- Have enough time to care for the child
- Be able to afford the child
- + More
To file for guardianship, you will generally have to fill out a petition with the courthouse in the designated county. The information must be true and accurate which is why you should have the forms reviewed by a guardianship lawyer. If a child is over the age of 14, a hearing might be granted in which the adolescent can give his or her opinion of the matter.
In certain cases a guardianship can be terminated or discharged; however, this is not usually granted unless the court is able to find a material change of circumstances. Should the parents be seeking this action, the guardian may be required to show convincing evidence that the termination is against the best interests of the child.
Do You Need Legal Guidance in Your Guardianship Matter
Whether you are seeking guardianship of a child, wish to terminate the appointment, change guardianship, or contest a petition, you may want to call the professionals at Hildebrand Law, PC. To learn more, please schedule a consultation with a skilled Scottsdale AZ Guardian Lawyer by calling (480)305-8300.