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This arrangement transfers all the rights and responsibilities for a child from the Department to the caretaker through a court sanctioned process. Parental rights are not required to be terminated for a child to be in a Legal Guardianship.
2.0 Intake. Legal guardianship is the permanent transfer of legal responsibility for a child in state custody to a kin/relative or an individual other than his or her parents.
Curator or Temporary Guardian. The duration of such appointment may not exceed six months. The court may extend the temporary appointment upon further order finding continued need in the best interests of the minor.
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.
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.