Get AK CR-741 2018-2024

Voluntarily Signing Over Legal Guardianship Courts generally prefer to place children with relatives when possible, but another responsible adult may be named as your child's legal guardian. Signing over permanent, legal guardianship of your child is not the same as relinquishing your parental rights.

Voluntarily Signing Over Legal Guardianship Courts generally prefer to place children with relatives when possible, but another responsible adult may be named as your child's legal guardian. Signing over permanent, legal guardianship of your child is not the same as relinquishing your parental rights.

The simple answer is that "No, a parent cannot give legal custody" to someone else. A parent can delegate legal authority to someone else with the intent that that person will have physical custody and responsibility to care for the child; but, that is not the same thing as "custody" decided by a court.

In most cases, a guardianship does not terminate unless a court approves the termination, even in the case of a guardian attempting to resign. Therefore, those seeking termination of a guardianship must seek court assistance from the probate or family court where the minor child lives.

A county probate or family court oversees the appointment of legal guardians for a minor child. You can petition the court to transfer guardianship if the child's parents or current guardians are unwilling or unable to care for the child, and if transferring guardianship would be in the child's best interests.

Guardianship must be granted by a judge in the county where the child resides. Decisions about who should be the guardian must be made by the parents or legal guardians of the minor. Determine what type of guardianship you will sign over. Guardianship arrangements can be permanent or temporary.

To change the guardianship of a child, you will need to file a petition with the court in the city or county where the child resides currently. Along with the petition, you should file evidence to back up your reasons for changing guardianship and provide written consents from the child's current guardians.

A: From the time that the petition for guardianship is filed, it may take up to four months for the guardianship to be granted. The amount of time depends on the proper notice to relatives and a completed investigation, by the court, as to the appropriateness of the guardianship.

Adult Guardianship. ... Adult guardianship is a legal procedure in which a court determines that a person is incapable of making decisions because of severe disabilities, and that the person is in need of protection.

Guardianship is when another individual who is not the child's parent has legal custody over the child. ... In some states, if a person provides support and care for a child for more than a year, the court can give them the same rights that you have.

Becoming a legal guardian involves many different legal rights and duties. A legal guardian generally has the right to make legal decisions on behalf of the child. These can include decisions, such as where to live, where to send the child to school, and other important aspects.

When appointed by the court, a guardian makes decisions for the ward to ensure that the ward's medical, social and emotional needs are met. Generally, a guardian is entitled to reasonable compensation. ... The court will review the compensation paid to the guardian in the annual account filed by the guardian.

Parental Rights Therefore, the guardian has physical custody, and the child's parent does not. However, biological parents maintain their parental rights, even when they don't have physical custody. Their rights are not terminated by the guardianship -- they're suspended.

The key difference is the child's parentage: custody describes a parent's care of a child, whereas legal guardianship is granted to someone who is not the child's biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.

Guardianship Law and Legal Definition. A guardianship is a legal relationship created when a person or institution named in a will or assigned by the court to take care of minor children or incompetent adults. ... In some courts, a guardian may be reimbursed for attorney fees related to the guardianship.