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This is a very complicated matter and the best option is to consult with an attorney qualified in family/civil law. Any adult who wishes to obtain guardianship over another adult must file a petition with the probate court in the state and county where the named person resides. In almost every US state the person seeking guardianship must obtain legal representation and in every uS state the adult named in the guardianship and/or conservator position will be appointed a Guardian Ad Litem by the court. The named adult can contest the action through his or her GAL or can dismiss the GAL and hire private counsel if they so desire. Obtaining guardianship and/or conservatorship (not always the same action or the same person appointed for both) can be lengthy, complexed and expensive.

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17y ago
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13y ago

You must obtain certification of these facts from the medical doctor(s) and file a petition with the court to be awarded the guardianship.

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Q: How does a parent obtain legal guardianship over and adult child who is unable to care for themselves due to their drug dependency?
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Ways you can get guardianship over a parent?

Go to a family law attorney and they will file with your local county court to obtain a guardianship. Usually the parent/person would have to be declared incapacitated by either private doctors or a court appointed committee. Then you will attend a "hearing" where you will speak to a judge & s/he will either grant a guardianship or not.


Can a parent get guardianship over a 18 year old?

Typically, parents cannot get legal guardianship over an 18-year-old as they are considered adults under the law. In certain circumstances, such as if the individual has a disability or is unable to care for themselves, a court may appoint a guardian. However, the process and criteria vary depending on the situation and jurisdiction.


Can a noncustodial parent issue guardianship to another person?

Only the courts can award guardianship.


Do parents have rights to their children's medical records after they have lost custody?

Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.Generally, the person who has legal custody or legal guardianship of the child has right to the child's medical records. A parent who does not have legal custody is not entitled to the child's medical records. Generally, they would need a court order to obtain them.


What constitutes custodial parent in reference to child support?

The custodial parent is the parent with custody/guardianship of the child.


If a girls parent has guardianship over her and she has a child do the parents of the girl also have guardianship over the baby?

Yes, of course. Only if you mean the original parent's baby though.


Can a custodial parent grant legal guardianship to his wife?

yes


What if the parent is dead and the other parent is no where to be found and only the step parent is around?

The step-parent should petition for custody or legal guardianship.


HOW doe you reverse guardianship from one parent to another when the child wants to live with the other parent who doesn't have guardianship and the child is old enough to make their own decision?

Prove the household unfit.


When a person has guardianship of a minor what can that person do for that minor child?

When a person has guardianship they have the same authority as the parent and can do whatever they feel is in the best interest of the child.


Does a step parent receive Social Security benefits after the natural parent's death?

If the stepparent has legal guardianship, yes.


In Florida how hard is it to reopen a dependency case that has been closed with Permanent Guardianship?

A motion to reunify with the parent(s) must be filed with the Court prior to the child reahing the age of majority, and the parent(s)/Movant(s) would need to show a material change in their circumstances and that reunification was in the child's/children's best interest(s). The parent would need to show substantial case plan compliance.