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Im 15 and i want to move out my moms house now and go to my aunt how can you win a court case for your aunt to have full guardianship over you?
Wiki User
∙ 14y ago
There has to be a justifiable reason, and not just your interpretation that life is bad at home.
Wiki User
∙ 14y ago
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Mother passed 8 years ago can you choose to live with an Aunt at 14 years of age?
You can't choose, as you aren't a legal adult, but you can talk to the people involved and state your case. Unless there are guardianship papers in order and there's no custody order from the court, you can make your case. If there are custody orders or guardianship papers, you can petition the court to be heard.
Your daughter is 18 and she is going through a difficult time can you request temporary guardianship?
Yes. In the case of a guardianship of a person over eighteen years of age, that person must consent to the guardianship or the court must be provided with enough evidence that the judge would appoint a temporary guardian over the objections of the ward.Yes. In the case of a guardianship of a person over eighteen years of age, that person must consent to the guardianship or the court must be provided with enough evidence that the judge would appoint a temporary guardian over the objections of the ward.Yes. In the case of a guardianship of a person over eighteen years of age, that person must consent to the guardianship or the court must be provided with enough evidence that the judge would appoint a temporary guardian over the objections of the ward.Yes. In the case of a guardianship of a person over eighteen years of age, that person must consent to the guardianship or the court must be provided with enough evidence that the judge would appoint a temporary guardian over the objections of the ward.
In MO how can one revoke an adult guardianship?
If the guardianship was established by court order, you would have to petition the court for any change of the guardianship status. If, however, you are actually referring to a "Power of Attorney," that can only be revoked by the person who granted it or (in case the grantor is incapacitated) by initiating court action against the holder of the POA for 'wasting' the assets of the grantor.
Can a notarized affidavit serve as proof of guardianship?
Since a guardian must be appointed by a court, whoever is requesting for proof of guardianship would require a certified copy of the appointment. That can be easily obtained from the court that made the appointment. If I were working on a case and needed proof of guardianship I would require a certified copy of the appointment.
How expensive is it to hire a guardianship attorney?
Depending on the county, guardian court filing fees can range from $400-600. The court appointed guardianship attorney can cost between $1000 to $2500 depending on the circumstances of the case on top of the filing fees.
Does my child's law guardian document each visit with my child?
No one can answer that question for you since the details of your particular case are in the court records. You need to check with the court that made the appointment, the special responsibilities of the guardian may be in the order for guardianship, and the agency that is involved with your child's guardianship. There may be an advocate at the court who can explain the details of your case to you. You need to do your own research on the ground to determine what has been ordered in your child's case.
Is family favored in guardianship cases?
Yes. However, every case is different. The court will hear the request of a responsible adult who steps up and wants to be a legal guardian of a child. If the guardianship is contested the court will generally look toward a family member. You should consult with an attorney.Yes. However, every case is different. The court will hear the request of a responsible adult who steps up and wants to be a legal guardian of a child. If the guardianship is contested the court will generally look toward a family member. You should consult with an attorney.Yes. However, every case is different. The court will hear the request of a responsible adult who steps up and wants to be a legal guardian of a child. If the guardianship is contested the court will generally look toward a family member. You should consult with an attorney.Yes. However, every case is different. The court will hear the request of a responsible adult who steps up and wants to be a legal guardian of a child. If the guardianship is contested the court will generally look toward a family member. You should consult with an attorney.
Can guardianship judge issue Qualified Domestic Relations Order?
A QDRO must by issued by a court with jurisdiction to divide the parties' finances. Normally, a QDRO is ordered as part of a division of assets in a divorce case. If the guardianship judge has this authority, then yes.
Guardianship Lawyer for Adults and Children ?
Guardianship is a legal term that denotes another party having to handle the business of a person that is unable to make decisions in their best interest. Guardianship can involve a child or an adult. If it is an adult that is involved, the court will have to determine that the adult is in need of a guardian. A guardianship is different than a conservatorship. The guardian has authority in making decisions over the person's body. For example, a guardian can make medical decisions for an incapacitated adult. A conservatorship involves a person's money and estate. A guardianship is granted by the court based on evidence from a guardianship lawyer. There are a number of people involved in the court case. The court will hire a guardian ad litem to investigate the case. This person is responsible for gathering evidence that will support the claim that the adult is unable to make sound decisions about their lives. The guardian ad litem will talk to doctors, neighbors, and others that have had involvement with the adult. After the investigation, the court representative will prepare a report for the judge. The report will contain a recommendation for the guardianship or a recommendation against the guardianship. The judge will base their decision on the information in the report and other factors. A guardianship attorney is important in the process. The incapacitated person will be appointed a lawyer, so the person seeking the guardianship also needs to have an attorney. It is the job of the incapacitated person's attorney to prove that the person is capable of handling their own affairs. The lawyer for the other party is responsible for indicating why the person needs someone to handle their business. Some states may combine the guardianship and conservatorship into one appointment, but most states keep these two positions separate. A guardianship may be in response to an emergency situation. In these cases, a temporary order will be issued. A court case will be held later to determine if the temporary appointment of a guardian will continue. Generally, a person has to file a petition for the guardianship. They must go to the court and file papers for this appointment. A guardianship attorney can handle all of the legal steps for you. The process can be arduous and tedious, so hiring a competent lawyer will help the process go smoother. There is no reason to handle this process alone.
In Oregon how can your aunt get legal custody of you if you are depressed living at home but your dad won't let you move in with her?
She would need to file a guardianship petition in probate court in the county where the minor lives. An investigation would be done of both the father and the aunt's home by the state's department of family services. The investigating social worker would interview family members, neighbors, teachers, etc. If the investigation found the minor child was being neglected and/or abused the case would be referred to the court for further action. That could mean the minor and the custodial parent would be required to attend counseling sessions; or the aunt would be awarded temporary or permanent guardianship; or the minor would be made a ward of the state and placed in a group or foster home, another relative's home or whatever the court believed to be the most appropriate.
Can grandparents become the legal guardian for grandchildren?
No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.
Can you share joint custody with a family member?
No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.No. Only parents are granted custody of their children by a court order. You cannot assign custody to a non-parent nor will the court. When a party other than the parent gets "custody" of a child it is done via a guardianship and must be obtained through a court. The person who requests the guardianship is appointed the child's legal guardian, the child is deemed the guardian's ward, and the case will remain under the jurisdiction of the court. There can be no guardian appointed if a parent has custody.
