Setting Up a Guardianship for a Child FAQ

Can I be appointed guardian if the child's parents object?

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Questions:

Answer:

Can I be appointed guardian if the child's parents object?

As a general rule, guardianships are not granted unless:

  • the parents voluntarily consent
  • the parents have abandoned the child, or
  • a judge finds that it would be detrimental to the child for the parents to have custody.

There are some circumstances where you can get a guardianship over the parents' objections, but you'd usually have to prove that the parents were unfit. You would need a lawyer's help for this. 

Other family members -- siblings, grandparents, aunts, and uncles of the child -- are also entitled to know that you are pursuing a guardianship, and have a right to object. You should probably consult a lawyer if anyone in the child's family tells the court that they object to you becoming the guardian.

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