Becoming the legal guardian of a minor child is one of the most important obligations you could ever take on. Before you can care for a juvenile, you will need to meet certain qualifications and be appointed by a judge.
When you have questions about becoming a guardian in Tustin, talk with a dedicated guardianship attorney. They could advise you on what it takes to qualify before walking you through each step of the process.
How to Qualify
Not everyone is eligible to serve as a guardian. First, someone petitioning to be the guardian of a minor must be at least 18 years old. They must also be mentally sound, which means they can make rational decisions on behalf of the child they are caring for.
There is no requirement that a person be related to the child. However, judges generally prefer that a guardian have some kind of family ties to the juvenile they wish to care for. It is fairly common for judges to award guardianship powers to family friends.
A judge will ultimately make the final decision, but the support of legal counsel can be vital along the way. The right attorney could make a strong case that guardianship is the right decision.
Understanding the Process
The steps for becoming a guardian in Tustin play out in the court system. An individual must first file a petition that includes details about the proposed guardian, the child, and why this relationship is necessary in the correct family court.
Once the petition is filed, certain parties like the child’s birth parents are entitled to notification before the proceedings can continue. After notifications are made, the judge will set a court hearing. The petitioner will plead their case to the judge, explaining their reason they want to take responsibility for the minor in question.
What Happens After Filing
Once all the documentation is filed, the court will conduct an investigation to determine the child’s best interests. To make this determination, the court requires extensive details about the child’s life and relationship with their birth parents or current caretakers.
Investigators perform a number of interviews with the parties involved in the case, plus anyone else who might have relevant information. There are often home visits and thorough background checks for those applying to become a guardian in Tustin. Once these steps are completed, a report is forwarded to the judge.
It is up to the court to consider all the provided details. What is best for a juvenile is not always the child’s preferred outcome. Their best interest is served by placing them in the care of a party who can provide for their needs in a safe environment.
Talk to a Tustin Attorney About Becoming a Guardian
It is natural to want to provide a young child in your life with the best possible care. They deserve a safe and stable home, but that is not always an option when it comes to their biological parents.
When you are considering becoming a guardian in Tustin, take the time to speak with legal counsel. Call our reliable trust and estate attorneys today to learn more.
