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You must file a petition in either Family Court or Circuit Court. The Judge will look at the facts and decide whether or not to appoint you as the child's guardian.
Temporary Guardian. The court shall set the duration of the temporary guardian appointment, but such appointment shall not exceed six months.
In order for a guardian or conservator to be appointed, a petition must be filed in circuit court in the county where the potentially protected person resides. Any interested person may file this petition. A hearing is scheduled within 60 days of the petition being filed.
No. Guardianship does not end a parent's rights to their child forever. Instead, allows someone else to make decisions regarding the child's care and well-being during the guardianship.
§44A-1-4. (1) ?Conservator? means a person appointed by the court who is responsible for managing the estate and financial affairs of a protected person, and, where the context plainly indicates, the term ?conservator? means or includes a ?limited conservator? or a ?temporary conservator?.
(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship or protective order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.
A legal guardianship is a judicially created and legally binding relationship between a child and caretaker which is intended to be permanent and self- sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: Protection, education, care and control of the ...
§44A-3-1. (d) A guardian shall exercise authority only to the extent necessitated by the protected person's limitations, and, where feasible, shall encourage the protected person to participate in decisions, to act on his or her own behalf, and to develop or regain the capacity to manage personal affairs.