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At preliminary hearing, court may order trial home placement and temporary reinstatement of parental rights upon finding that there has been material change in circumstances, parent is willing to provide care for child, parent is able to provide safe family home or the home can be made safe with the assistance of ...
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.
Guardianship/ You must file these completed documents at the office of the circuit clerk in the county in which the individual needing a guardian or conservator resides, or the county where the individual is admitted to a health care or correctional facility.
The court shall set the duration of the temporary guardian appointment, but such appointment shall not exceed six months. The court may extend the temporary guardianship upon further order finding continued need in the best interest of the minor.
(a) Any adult individual may be appointed to serve as a guardian, a conservator or both upon a showing by the individual of the necessary education, ability and background to perform the duties of guardian or conservator and upon a determination by the court that the individual is capable of providing an active and ...
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 ...
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.
In addition, the Court may also want to know where the children want to live if they are over 14 years old. If the child is not yet 14 years old, the Court will evaluate if they seem mature enough to have a preference. If a parent wants to challenge 50/50 shared custody they should bring evidence to their hearings.