The process of establishing guardianship is both crucial and intricate, and there are numerous factors to think about. The most important step is learning the necessary legal procedure and the factors the jury will evaluate.
To find out how our family law attorneys in Brooklyn can assist you in setting up a guardianship, keep reading!
Establishing Guardianship: Steps to Take
The process often begins with a legal petition. The first step is submitting a petition for guardianship and the appropriate filing fees. Once the petition is filed, the court will schedule a meeting between the prospective guardian and the child, the child’s parents (if any), and any other interested parties (if any).
In most situations, the court will require a guardian applicant to submit to a criminal background check and a home inspection. The court will issue an order making you the child’s legal guardian once your petition to become one has been granted.
Is It Possible for Parents to Appoint a Guardian for Their Children?
Yes, parents are permitted to select guardians for their minor children. Including the guardian’s name in the will is the most reliable plan of action, and it’s also a prudent precaution to take in case the parents die prematurely.
To achieve this, family attorneys in Brooklyn suggest including a separate section in your will in which you name a trusted individual. It is possible to appoint a primary guardian, and an alternate guardian in case the primary cannot take on the role. It’s common sense to identify a married couple as guardians, but you’ll need to specify both parents so that they may exercise parental rights.
Choosing a Legal Guardian: Factors to Think About
When deciding on a legal guardian for your kid, it is crucial to consider many variables. Our experienced Brooklyn family lawyer cites the following:
- The guardian(s) should be of legal age.
- The guardian(s) should be physically capable of taking care of the children.
- The guardian’s schedule must permit ample time for child care.
- The guardian(s) must have sufficient resources to provide for the children’s upbringing, either from their own income or the guardians’ estate.
In many cases involving guardianship, it is best to seek the advice of an attorney specializing in such matters. The attorneys at Ledwidge & Associates, P.C. can assist you in making decisions about guardianship and other legal matters involving your family members.
Get in touch with us if you need a Litigation lawyer Queens, Brooklyn, or Manhattan. You can also reach out to us regarding estate planning Brooklyn.
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