Missouri Petition for Termination of Guardianship by Emancipated Minor

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Multi-State
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US-02557BG
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Description

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. The guardianship of a minor remains under court supervision until the child reaches majority at 18.

Emancipation is when a minor has achieved independence from his or her parents, such as by getting married before reaching age 18 or by becoming fully self-supporting. It may be possible for a child to petition a court for emancipation to free the minor child from the control of parents and allow the minor to live on his/her own or under the control of others. It usually applies to adolescents who leave the parents' household by agreement or demand.

Some of the most common methods for a minor to become emancipated include marriage, reaching the age of majority, entering military service, or by court order. A parent may also formally or informally agree to give up some or all of his/her parental control. For example, a parent might consent to allowing a child to establish a separate household. In other cases, a parent may force the minor to leave and support him/herself. Generally, parental consent is required, except in cases of parental misconduct that causes the minor to leave the home. Emancipation may cease to make a parent liable for the acts of a child, including debts, negligence or criminal acts.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

? 1. The guardian of the person of a minor shall be entitled to the custody and control of the ward and shall provide for the ward's education, support, and maintenance. 2. A guardian or limited guardian of an incapacitated person shall act in the best interest of the ward.

If the guardians agree with you that the guardianship can be ended, you and the guardians can prepare and sign a written statement ending the guardianship and giving the child back to you. You must give the agreement to the guardianship court for approval before the guardianship can be ended.

Asking a Judge to end the Guardianship If a parent wants to end the guardianship and have the children returned, the parent has to show that there has been a material change in circumstances since the guardianship was put in place. The parent has to show that they are capable of providing for the child's basic needs.

Missouri law allows parents to nominate a guardian to take care of their child even when they are alive. Such a circumstance could occur if the parents are unable to take care of their child, for instance due to being extremely ill. However, such a guardianship cannot last for more than a year.

If the court finds that a parent is fit, suitable and able to assume the duties of guardianship and it is in the best interest of the minor that the guardianship be terminated.

The fact that the child has a guardian does not mean the parent has no rights. Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.

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Missouri Petition for Termination of Guardianship by Emancipated Minor