what if you are giving guardianship in the parents will but you can't afford a lawyer

by Mr. Malcolm Kiehn 10 min read

In cases where you, your child, or someone else asks the court to appoint a guardian for your child, and your income is so low you cannot afford a lawyer, you have the right to a court-appointed lawyer. In this kind of case the person that asks the court to appoint a guardian files a Petition for Appointment of Guardian of Minor.

In cases where you, your child, or someone else asks the court to appoint a guardian for your child, and your income is so low you cannot afford a lawyer, you have the right to a court-appointed lawyer.

Full Answer

Do I need a lawyer for a guardianship case?

If your child is under 18 and involved in a guardianship case, you have the right to a lawyer. If your income is so low you cannot afford a lawyer, you have the right to a court-appointed lawyer. It is important for you to have a lawyer if your child is in a guardianship case.

Do family members have to know about proposed guardianship?

Even if family members have been absent or uninvolved, they are entitled to know about any proposed guardianship. Failure to notify them will delay the court proceedings!

Can a person appoint a guardian for a child?

appoint a guardian for themself. The court will appoint a lawyer for your child if the judge decides your child needs one. In cases where you, your child, or someone else asks the court to appoint a guardian for your child, and your income is so low you cannot afford a lawyer, you have the right to a court-appointed lawyer.

How do I get a guardianship of my child?

In most states, anyone interested in the proposed ward's well-being can request a guardianship. An attorney is usually retained to file a petition for a hearing in the probate court in the proposed ward's county of residence.

What happens when you file for guardianship?

Usually, when a person files paperwork asking to become the guardian over another person, the court will set a hearing. The hearing is where the judge will hear from the person asking to be the guardian, the person over whom the guardianship is requested (the “protected person”), and any other relatives or interested people who want ...

Who must be notified of guardianship?

The following people must be notified about any potential guardianship: The person over whom the guardianship is requested (also known as the “proposed protected person”), if the person is age 14 or older. The person’s spouse. The person’s mother. The person’s father. The person’s maternal grandparents. The person’s paternal grandparents.

Who has custody of a protected person?

Any person who has custody of the proposed protected person. Any person or officer of a care provider who has the care, custody, or control of the proposed protected person (for instance, a hospital, nursing home, or assisted living facility where the person is staying).

Why do some relatives not need to be notified?

People often think that some relatives do not need to be notified because they have not been involved in the person’s life. For instance, if a child has been raised by one side of the family, they may think the other side of the family does not need to know about a proposed guardianship. This is incorrect! Even if family members have been absent or uninvolved, they are entitled to know about any proposed guardianship. Failure to notify them will delay the court proceedings!

What to do when your child is involved in a guardianship case?

When your child is involved in a guardianship case, your lawyer can help you deal with important issues like: if your child needs a guardian, if your child needs a different guardian, your parenting time, birthday, holiday, or visitation schedule,

What is a general petition to change a guardian of minor decree?

When you ask the court to change something about the guardianship like parenting time or visitation, you file a “General Petition to modify or change a guardian of minor decree”.

Can a lawyer advise you on your case?

Even if you agree with the reasons for going to court, a lawyer can advise you and present your case to the judge. You have the right to a court-appointed lawyer if: You need to ask the court to. appoint a guardian for your child. end the guardianship.

Do parents have the right to a lawyer?

Parents have the right to a court-appointed lawyer in guardianship cases. If your child is under 18 and involved in a guardianship case, you have the right to a lawyer. If your income is so low you cannot afford a lawyer, you have the right to a court-appointed lawyer.

Contemplate Your Options

Before you go to court, consider how confident you are about representing yourself. Many free legal aid organizations can assist you with handling related cases like the Jensen Family Law – Mesa.

Research

You will be entering a world of information during the course of your case. You’ll need to have extensive knowledge of the laws related to child custody and divorce. The more aware you are about what the court is asking you to do, the better prepared you will be.

File a Petition for Custody

To file for child custody, you must fill out a Petition and Order for Custody. You have to state the grounds on which you are seeking custody. Read the petition carefully and check that all boxes are filled correctly to avoid having your case dismissed.

Serve the Other Party

Each party has to serve their spouse with the child custody petition. You will be expected to serve your spouse outside of court on several occasions during your divorce or custody process. Serve them when you can, even if you think it might be risky.

Attend Hearings

When you file for child custody, you ask the judge to enter an order that will determine your rights to see your children. That means attending hearings is essential in the process. Attend court hearings even if you are not there representing yourself.

Be Prepared

Bring detailed notes about any meetings with your spouse and other adults involved in your case and work closely with everyone involved during these conferences. Be sure to mention in your notes any inconsistencies or inaccuracies in what they say. It most definitely won’t be an easy process, especially when you’re representing yourself.

2 attorney answers

I am sorry that you are going through this, a parent may appoint a guardian if the guaridan accepts and the court approves however you still have a large part to play in this. Please meet with a local IN attonry and he or she will go over the pros and cons with you. take care.

Howard M Lewis

There is no need for a guardian if you are maintaining your rights. The only ways that the father can give up his rights are through a CHINS case or adoption.

Why do you go to the courthouse?

Another reason for you to go to your local courthouse is to see if they can recommend different legal aid societies. Some may have specific organizations that help people in your predicament. For instance, lots of lawyers will volunteer their time to help people from a community they came from. Law Schools.

What are the legal options for domestic violence victims?

Legal Options For Domestic Violence Victims. If you’re a domestic violence victim, you need more than help with just your custody case. During this process , you should also file for a restraining order against your abuser. Domestic violence victims not only need to protect themselves, but their children as well.

Does Harvard offer legal aid?

Even top law schools like Harvard offer legal aid programs with free or discounted prices. You’ll be assigned to work with a group of students and a supervising professor. In turn, your case is used as a learning experience for the students, while still providing top care. Your Local Bar Association.

What is legal guardianship?

Legal guardianship is a status that allows a person, such as a grandparent, to care for a minor child and make decisions on her behalf. The laws governing guardianships vary between states, but in most jurisdictions, you need a file a petition with the court to obtain legal guardianship of your minor grandchild.

Who can challenge a grandchild's guardianship?

In all types of guardianship situations, extended family members such as aunts, uncles, other grandparents or estranged biological parents may step in and challenge your request to care for your grandchild. In such cases, it is usually necessary to hire an attorney.

Can a court appoint a guardian for a child?

In cases where parents have abused, neglected or abandoned their child, the court may appoint a temporary or permanent guardian. According to the Child Welfare Information Gateway, courts prefer to place minor children under the guardianship of a relative, such as a grandparent. In dependency cases, the court may impose a stricter standard on ...

17 Answers

Ask the Council of Aging or senior center in your town, or your local ASAP (Aging Services Access Point), for a referral to an elder law attorney or legal services agency. The local agency that handles elder abuse may be able to consider whether there are grounds for investigation or intervention. Your status as Attorney in Fact under the POA may become confused if an agency or Court determines that intervention is needed. It may become difficult for you to anticipate all of the possible results of your brother's actions, without an attorney to represent you, as you try to protect your father's interests. Consider whether you can get financial help from other family members, to retain private counsel..

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