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Guardianship of Minors

WHO CAN REQUEST GUARDIANSHIP

The proposed guardian may be related or unrelated to the minor. However, the relationship may influence the success of obtaining the guardianship. The law does not require a person to have a foster care license to obtain guardianship.

PROSPECTS OF OBTAINING GUARDIANSHIP

The longer a minor has been living in the home of the proposed guardian, the greater the chance that the guardianship will be awarded. Courts do not like to disrupt the status quo of a minor without good cause, but the court must consider the parents to custody.

If the minor is not living in the home of the proposed guardian, the court usually will not uproot the minor from the home of parent or caretaker without good cause. The court may appoint a Court Investigator to visit the homes of the proposed guardian, the parents or the caretaker. The court will consider the investigator's report and recommendation to determine the best interests of the child.


Contact Lindsey Law, A.P.C at (909) 801-7388

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