Montana Order Appointing Guardians for Minor Children

If child is 14 or older, child has the right to choose the custodial parent. If the child is 14 or older, child has the right to testify in court regarding the preference of custodial parent. If the child is 14 or older, the judge may consider the wishes of the child.

A. A guardian can be appointed by court (in case of parents death or parents have abandoned their child) after following proper procedure in court of law or by way of will (testamentary guardian) where parents want someone to act as guardian of their children after their death.

A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward.A parent of a child is normally not considered a guardian, though the responsibilities may be similar.

A Guardian is appointed when the court wants an independent view of what has been happening and Page 2 what should happen in the child's life. A Children's Guardian will normally be appointed in certain court proceedings under The Children Act 1989. Children's Guardians are also involved in adoption proceedings.

(4) A Hindu mother entitled to act as the natural guardian of her minor illegitimate children may; by will, appoint a guardian for any of them in respect of the minor's person or in respect of the minor's property or in respect of both.

The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors. No one can predict when an accident or other disaster may occur. Some include a legal guardianship document in their wills to determine who will raise their children.

The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian.

The key difference is the child's parentage: custody describes a parent's care of a child, whereas legal guardianship is granted to someone who is not the child's biological parent. In some situations, a child may be under the guardianship of an individual while remaining in the custody of their parents to a degree.

When should a guardian be appointed? A child guardian will be appointed when the family court requires an independent view of what has been happening in the concerned child's life and what should happen in their life. The court will appoint a children guardian in child proceedings under the Children Act 1989.