Tennessee Notice to Minor to Nominate or Select Guardian

State:
Multi-State
Control #:
US-03328BG
Format:
Word; 
Rich Text
Instant download

Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.


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

A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.

The duty of support shall continue until the child graduates from high school or the class of which the child is a member when the child attains eighteen (18) years of age graduates, whichever occurs first.

Guardians need to seek court approval so they can formally be appointed a guardian. The guardian should have a strong relationship with the child. It is often desirable, but not necessary, that the guardian be a blood relative such as an adult sibling, grandparent, or aunt of the child who needs care and protection.

Any adult person may file for guardianship over a minor child; however, the law does give priority to the following people in order: (1) The parent or parents of the minor. (2) The person or persons designated by the parent or parents in a will or other written document. (3) Adult siblings of the minor.

When appointed as the guardian over property, the guardian/conservator is permitted to make decisions related to the estate and financial matters. When appointed as guardian over the person and property or plenary guardianship, the guardian/conservator is permitted to make all health care and financial decisions.

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.

Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.

In dividing up parental rights, Tennessee courts have one of two options: Joint Custody?parental authority is shared between parents. Sole Custody?all the authority resides with a single parent.

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Tennessee Notice to Minor to Nominate or Select Guardian