Guardianships
What is a guardianship?
In family law, a minor guardianship is a legal arrangement in which a court appoints a guardian to care for a child who is not the biological child of the guardian. This may occur when a child’s parents are unable or unwilling to care for the child and a relative or other trusted person is willing to step in and care for the child.
How to establish a guardianship:
A guardianship may be established by petitioning the court and providing evidence that the proposed guardian is suitable to care for the child and that a guardianship is necessary to protect the ward’s interests. Once established, the guardian may have the authority to make decisions regarding the ward’s living arrangements, medical care, education, and other aspects of their life. A guardianship can be a significant responsibility, and it is important to seek legal advice before proceeding with a petition for guardianship. We can help you understand the legal requirements and responsibilities of a guardian, and can represent you in court if necessary.
Commonly Asked Questions
An emergency minor guardianship is a legal arrangement that allows a designated adult to assume temporary legal responsibility for a minor child immediately.
This type of guardianship is typically sought in situations where the child’s parents or legal guardians are unavailable or unable to care for the child due to unforeseen circumstances, such as a medical emergency, arrest, or incarceration, or when a child is in danger or facing an emergency situation and immediate action is needed to protect the child.
An emergency minor guardianship can be granted by a court without the need for a formal hearing, but the guardian must file a petition with the court and provide evidence of the emergency situation. The guardianship will typically last for a limited period of time, such as 60 days, and can be extended if necessary.
It’s important to note that an emergency minor guardianship is not the same as a permanent guardianship, which requires a more formal process and court approval.
A permanent minor guardianship is a legal arrangement where a court appoints a guardian to assume legal responsibility for a minor child on a long-term or permanent basis. This can be filed after or with the Emergency Minor Guardianship so that the cases are running parallel if more of a permanent guardianship is needed. The guardian is responsible for the child’s care, including their physical, emotional, and financial needs.
To obtain a permanent minor guardianship in Washington State, the following requirements must be met:
The child must be under the age of 18 and either have no living parents or have parents who are unable or unwilling to care for the child.
The proposed guardian must be at least 18 years of age and able to provide a safe and stable home for the child.
The proposed guardian must file a petition with the court and attend a hearing to obtain court approval for the guardianship.
The proposed guardian must provide evidence to the court that the guardianship is in the best interests of the child, including a statement of their willingness and ability to provide for the child’s physical, emotional, and financial needs.
The proposed guardian must obtain the consent of the child if the child is 12 years of age or older, or if the child is younger, the consent of the child’s legal representative.
Once the permanent minor guardianship is granted, the guardian assumes all legal responsibilities for the child, including making decisions regarding the child’s education, healthcare, and living arrangements. The guardianship can only be terminated by court order or when the child reaches the age of majority.
The child must be under the age of 18 and either have no living parents or have parents who are unable or unwilling to care for the child.
The proposed guardian must be at least 18 years of age and able to provide a safe and stable home for the child.
The proposed guardian must file a petition with the court and attend a hearing to obtain court approval for the guardianship.
The proposed guardian must provide evidence to the court that the guardianship is in the best interests of the child, including a statement of their willingness and ability to provide for the child’s physical, emotional, and financial needs.
The proposed guardian must obtain the consent of the child if the child is 12 years of age or older, or if the child is younger, the consent of the child’s legal representative.
Once the permanent minor guardianship is granted, the guardian assumes all legal responsibilities for the child, including making decisions regarding the child’s education, healthcare, and living arrangements. The guardianship can only be terminated by court order or when the child reaches the age of majority.
The length of a guardianship can vary depending on the circumstances:
Until the child turns 18 or,
If the guardianship is temporary it will terminated upon the date designated in the court order or,
If a parent requests the guardianship be terminated (a hearing must be held) or,
It can be terminated by court order.
If a guardian is unable or unwilling to fulfill their responsibilities, the court may remove the guardian and appoint a new guardian.
Yes, a guardianship can be contested if there is evidence that the proposed guardian is not suitable or that a guardianship is not necessary to protect the child’s interests.
Warning: Emergency minor guardianships can be highly intricate and demand prompt legal assistance, whether you are the petitioner or the respondent. This is because the facts and determinations made during the process can have long-term consequences. Similarly, for permanent minor guardianships, it is crucial to have legal representation at every stage of the proceedings, regardless of whether you are the initiator or the recipient. There are numerous matters to consider, such as visitation arrangements, child support, and other related issues that can significantly impact the outcome of the case.