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You can seek guardianship of a minor in South Carolina by filing a petition in the Family Court. You will also have to pay a filing fee and serve a copy on the parents if they are alive. To serve as a guardian, you must be an adult.
Short-Term Guardianship You only need a guardianship for a minor child for 6 months or less; AND. The parents will sign and notarize a short-term guardianship agreement.
A South Carolina Guardian of Minor Power of Attorney Form is a legal document utilized by parents or guardians for the purpose of upholding their parental responsibilities to a child or minor in their care.
Code Ann. § 62-5-311. A summons and a petition (Form 530PC) must be completed and filed with the court in order to begin the process of appointing a Guardian for an incapacitated adult. An initial filing fee of $150.00 must also be paid.
No, only the Family Court can appoint a guardian for a minor. A minor is an individual under the age of 18. Only the Probate Court can appoint a guardian for an adult.
Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.
The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian. The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.
Any person can file a motion to modify a guardianship, including a motion to remove a guardian. The clerk will hold a hearing on the motion and decide if any changes are in the ward's best interests.