Do I Need a Family Law Attorney To Set Up A Guardianship?
When a child is in need of a legal guardian, there are several options open to you if you hope to serve in that capacity. First, you must decide if you want to pursue the case yourself or hire a child custody attorney or
family law attorney to help. You can file the papers for guardianship yourself; however, that is just the beginning of a time consuming, complicated, and expensive family court process. The case must work its way through family court until the judge and, in some cases, social services are satisfied that you are the right people be granted custody. Without the aid of a family law attorney or child custody attorney, you may have trouble navigating this process. In addition, you should consider carefully whether you are willing and able to represent yourself in this kind of family court hearing or whether you would be more successful with the help of a child custody attorney or family law attorney.
The Guardianship Process
Once you or your family law attorney have filed the initial petition, if you are a relative of the child, you and the child must be investigated by someone from family court. In some cases, particularly a guardian of the person case, the investigator may do a full report to the family court judge. There are a number of elements required in this type of investigation, including
- A home visit where the child would live. A family law attorney or child custody attorney can help you prepare for this home visit.
- Interviews with the child and the prospective guardians. This can be a stressful and complex process. A child custody attorney or family law attorney can help you be ready with the information the interviewers need to know.
- Interviews over the phone with other knowledgeable parties to confirm your answers and to gain additional information.
- Do a complete check on you and other adults living in your house to find out if any of you has a criminal record or any record of abuse or neglect. It may help to have your child custody attorney or family law attorney review these records before the investigator does so you will be prepared for any additional questions.
- Investigation into important papers concerning the child, such as school records from school, his doctor, neighbors, and others. If you need to produce any of those papers, your family law attorney or child custody attorney can help.
In some cases, the family court judge will not require a full report. In that case the investigator may only do phone interviews, document reviews, and a legal check on pertinent adults.
If you are not a relative of the child, the family court judge will require Social Services to do the investigation. These investigations can be difficult, demanding, and intrusive. You may want to talk with a child custody attorney or family law attorney to prepare or be with you for these interviews.
The investigator will also investigate the parents to determine if another guardian is needed. If there is no obvious evidence that the child is being neglected or abused, the court may ask the parents if they are willing for you to become the child’s guardian. If they are unwilling, family court may not approve your guardianship.
This is another situation in which a child custody attorney or family law attorney may be helpful. He may be able to present new evidence revealing how it would be a detriment to the child to stay with his parents. If your attorney can present convincing evidence for this, the case may be referred to Social Services.
They may do their own investigation to determine other options for the parents and the child. Your child custody attorney or family law attorney may be able to intercede at this point, as well, with evidence of neglect, abuse, or abandonment on the part of the parents.
If the case is still not clear-cut, the family court judge may ask you, the child, and the parents to see if you can negotiate an agreement. A family law attorney or child custody attorney can advise you before and during those negotiations in most situations. An attorney can also provide valuable insight into the family court process and powerful negotiation aids.
If the family court judge decides that the child does need a guardian, he will order further investigation. The family court investigator will then look into your family’s living conditions, schooling options, family relationships, and the presence of non-family members in the home, medical issues, and visitation options for the biological parents. Again, this is a vital time to have the expertise of a family law attorney or child custody attorney to help you prepare for this investigation.
If , at the end of this process, the family court judge decides against you, a child 12 years or older may be able to petition the family court for the appointment of a guardian. At that point, the court will probably assign an attorney to represent the child. Those outcomes vary according to state laws, the opinion of the family court judge, and the inclinations of the Social Services officials in that jurisdiction.
If you are filing in family court for a guardianship of the estate, you will not have to go through such a thorough investigation. Neither will you use as much of the time of your family law attorney or your child custody attorney. Only if the family court interviewer finds potential problems will he request a deeper investigation of you and your family.
The Cost of Establishing Guardianship in Family Court
It can be expensive to hire a family law attorney or child custody attorney to represent you in family court. Not only are there the fees of your family law attorney or child custody attorney, you must pay the family court costs and the cost of the investigation. If the birth parents contest the case, you will have additional expenses as the family court process wears on and you use more of the time of the family law attorney and child custody attorney. You can request a fee waiver from the family court judge. If the family court judge rules against you, you will have to pay the family court fees.