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Assuming Legal Responsibilities: Establishing Guardianship

  • By Phil Press Institute 
  • Category: On The Record 
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Guardianship Case in OremWhen biological parents are no longer capable of raising and taking care of their child, an adult over the age of majority can express interest in obtaining legal guardianship. This, for that most part, involves a guardian or an adult assuming the responsibility for supporting and raising the child. The eligibility factors for a child vary in each state and not all kids may qualify for guardianship.

Eligibility for the Child and Adult

The basic guardianship requires the child to be under 18 years old, has special needs, and is in the custody of the state or an adoption agency. The child, furthermore, should not be returned to the former living arrangement with the parents.

Adults, on the other hand, may be eligible to obtain guardianship if they possess good moral character and haven’t been convicted of felonies and other crimes. They should also be financially stable and in good physical and mental condition.

Legal Guardianship

In the context of family law, guardianship refers to non-parental parties obtaining the responsibility of a child. There are also different types of legal guardianships such as temporary, adult, and emergency guardianships. In most cases, the guardianship does not end the relationship between parent and child, but a parent can request to end guardianship if it supports the child’s best interest.

Contesting the Arrangement

Guardianship lawyers in Orem note that are some cases where it is necessary to contest the agreement ordered by the court. This is especially the case if the guardian has mistreated, neglected, or abuse the child. The court may reverse the guardianship agreement and a new person may assume the guardianship responsibilities. The decisions in modifying the arrangements, of course, is based in fulfilling the best interest of the child.

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Guardianship vs. Adoption

Both guardianship and adoption are legal responsibilities, which give an adult certain rights regarding the child. The former, on the other hand, does not end the legal relationship between the child and their parents. The latter, meanwhile, permanently changes the parent-child relationship. The biological parents will have to give up all the parental rights, as the adopted parents will become the legal parent of the child.

If you want to establish a guardianship, it is best to consult a family attorney. This will help you understand the procedures involved, as well as protect the interest of the child.

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