Arkansas Petition For Emergency Guardianship Without Court
Description
How to fill out Arkansas Standby Temporary Guardian Legal Documents Package?
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FAQ
This is done by filing a Petition for Temporary Guardianship. The court will then hold an immediate hearing and decide whether the child should be placed with the interested party until a final decision can be made at a trial. This will ensure that the child is safe until the trial concludes.
Section 28-65-222 - Parental appointment of temporary guardian (a) (1) Except as provided in § 28-65-218 and in subdivision (a)(2) of this section, a parent of a minor child may appoint one (1) or more persons to act as a temporary guardian of his or her minor child in the event of the death of the parent if the: (A) ...
Custody is generally only given to parents. A judge can order guardianship over anyone who is incapacitated. A person under 18 who hasn't gone through a removal of disabilities, or emancipation is incapacitated. In a guardianship case the judge assumes that it is best for children to live with their parents.
Guardianship and custody are distinct concepts. Usually, a parent continues to have custody even after a legal guardian is appointed. This is true whether the parent is biological or adoptive. The guardian may provide care for the child despite not having custody.
(B) If the incapacitated person is a minor, on or before the expiration of the ninety-day period and after a hearing on the merits or an agreement by the necessary parties, the court may extend the temporary guardianship for up to an additional one hundred eighty (180) days.