FAQ - Guardianship

Who may be a guardian?

Before appointing a guardian for a minor, the Court must determine that the parents agree to the guardianship, that the parents cannot care for the minor because of circumstances, or there is no living parent.  The parents must sign a consent form or be given notice of the guardianship proceedings and an opportunity to object.

Once the Court has determined that appointment of a guardian is necessary, the Court will select a guardian in the best interests of the minor.  A guardian can be a relative, friend, or other interested person.  Preference is given to the parents' choice of guardian, followed by preference to family members before other interested persons, but the Court will appoint a guardian that is in the minor's best interests.

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.