Alabama Petition for Appointment of Guardian

State:
Alabama
Control #:
AL-002-01-CP
Format:
Word; 
Rich Text
Instant download

Description

This petition is filed in the probate court when a person is found to be incapacitated and another person must be appointed to act on their behalf. The form is available in both word and word perfect formats.

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FAQ

In Alabama, child custody is decided based on the best interests of the children. When you make a decision that affects the minor children, ask yourself if that decision is in their best interests. If the decision is not in the best interests of the children, then don't do it.

§ 19-9-3, (5)-(6), in all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live.

The bill now defines an unfit parent as one who "fails to properly care for his or her child and maintain the emotional health and overall well-being of the child in such a manner the failure will seriously harm the child."

While Simply Hired reported an average salary of 200b$76,349200b per year for guardian ad litems in 2021, the average salary for child and family social workers was 200b$51,030200b a year, as of May 2019, according to the Bureau of Labor Statistics.

When should a guardian be appointed? A child guardian will be appointed when the family court requires an independent view of what has been happening in the concerned child's life and what should happen in their life. The court will appoint a children guardian in child proceedings under the Children Act 1989.

EXPLANATION OF A PETITION FOR APPOINTMENT OF GUARDIAN(S) A guardianship may be needed if someone cannot take care of him/herself and/or his/her property. The person who needs assistance is the proposed ward. If guardianship is granted, that person will be the ward.

Can this process be done more quickly? In an emergency, the court can appoint a temporary healthcare guardian for 90 days, or an emergency guardian for 15 days. Click here for a petition to be appointed a 15-day emergency guardian. You can fill out the form online, but you will still need to file it with the court.

A fee of $25 is generally required for filing either a custody or visitation petition in court. There may be an additional fee for serving the other parent with the custody papers, which is usually done by a sheriff, third party, or process server.

Draft or have someone draft a petition letting the court and the other party know what type of custody you are seeking and why; file your paperwork with the court and have the other parent served; and. pay a filing fee or request a fee waiver if you are low-income and cannot pay the fee.

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Alabama Petition for Appointment of Guardian