Setting Up a Guardianship for a Child FAQ

Questions:

• How do I establish a guardianship?
• Can I be appointed guardian if the child's parents object?
• Who financially supports a child under a guardianship?
• Are a guardian's responsibilities burdensome?

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.