Applying for guardianship of a minor is a significant responsibility, and as such it requires the applicant to go through a rigorous legal application process. Generally, a capable and responsible adult will seek to establish guardianship of a minor to ensure their safety and well-being when others in the child’s life cannot provide it. The question of how to apply for guardianship may vary for each individual, depending on needs and personal history, but there are several general steps to take in the process.
In Colorado, any adult over the age of twenty-one can petition for guardianship of a minor if they are concerned for their well-being. This may include grandparents, aunts, uncles, extended family, or even those outside the family. However, the court must approve and decide what is best for the child. For those wondering how to apply for guardianship of a child, an experienced Colorado family lawyer from Johnson Law Group can help you understand your legal rights and options. Consider scheduling a consultation by contacting our legal team today at (720) 744-3513.
Understanding Guardianship in Colorado
Guardianship of a minor can be a complicated process depending on the external factors involved. Generally, the court grants guardianship to an individual other than the child’s parents only under certain circumstances. These circumstances include parental consent or loss of parental rights, where the biological parents are either willing to surrender guardianship or are no longer deemed fit to serve the needs of their child. In addition, parental inability or the incapacitation of the previous guardian may also qualify the individual to establish guardianship of a minor.
However, this is not the only factor. Once guardianship is established, the guardian must prove to the courts that they are serving the child’s best interest and maintaining the expectations set by the court. Each step in the process is vital to proving the potential guardian’s willingness and ability to promote the welfare of the child.
Preparing Proper Documentation
If the criteria are met and the applicant qualifies to apply for guardianship of the minor, they must then prepare the appropriate documents to apply. Applicants will need a copy of their criminal record, a current credit report, and a valid driver’s license, according to the Colorado Judicial Branch.
In addition to these, the applicant must also fill out the relevant forms. At this point, the individual applying for guardianship is called the petitioner. The petitioner must file the forms following form JDF 823, though the specific forms in question may vary depending on the specific circumstances of the case.
Filing a Petition for Guardianship
Once these documents are prepared, the petitioner must then submit them to the courts for review. The petitioner will also submit their criminal record, credit report, and driver’s license for review at this time. This is generally done at the courthouse and may require a small fee to submit.
This petition will generally also include more specific details of the case. The petitioner might include reasons for seeking the guardianship, information about the minor, and the qualifications of the petitioner.
Notifying Interested Parties
As mandated by Colorado guardianship law, when seeking to apply for guardianship of a minor, other interested parties must be notified of the act in case they wish to contest this legal action. This may include parents, other relatives, current guardians, or any other significant figures in the child’s life. Grandparents may also have specific rights in the event of the parents’ incapacity or deaths.
Investigation and Home Study
The courts will then conduct an investigation of the petitioner to ensure that they are properly suited to the care of the minor. Those wondering how to apply for guardianship of a minor may need to provide a safe and sustainable living space. This investigation may also include the petitioner’s financial situation, mental and caretaking capacity, as well as other factors.
For more information on how to apply for guardianship of a minor, consider speaking with a skilled and compassionate Colorado family law attorney from Johnson Law Group.
Attending Court Hearing
Once the investigator has reported their findings to the court, the petitioner must then attend the court hearing. The court will consider the relevant information from the investigation, petition, and relevant witnesses and testimonies. The judge will then consider the best interests of the minor in question, evaluating whether or not the proposed guardianship plan would be in the child’s best interest.
Obtaining Guardianship Order
Should the courts approve the petition, they will issue the petitioner an official guardianship order. This document will outline the responsibilities and expectations of the guardian as appointed by the courts. Following these terms may help prevent the guardianship from being terminated by the courts, which they may maintain the right to do if the terms are not being met.
Maintaining Guardianship
Guardians are expected to make good decisions regarding their ward, including financial, legal, and practical decisions. In Colorado, guardians are often expected to report on the state of the child to the courts to ensure that the terms of the guardianship order are being properly fulfilled.
Managing the minor’s affairs carefully and with thought to the child’s welfare is one of the key aims of Colorado guardianship law. Therefore, reporting frequently and accurately can help assure the courts that the child’s needs are being met.
Is Guardianship the Same as Conservatorship?
No, guardianship grants legal authority over the child’s affairs and well-being, whereas conservatorship only grants authority over the individual’s financial resources. According to the Colorado Courts, a conservator is strictly appointed to manage the estate of a minor, not their daily affairs.
Contact a Colorado Family Attorney Today To Learn How You May Be Able To Apply For Guardianship of a Minor
Those wondering how to apply for guardianship of a minor may find the process daunting. While the choice may be the right one for the child and the end goal may be noble, the process in between can be both daunting and draining. In addition, guardianship of a minor may not be a straightforward task in itself, especially when dealing with legal complications and stress.
Understanding how to navigate the Colorado court system and complete the proper forms can be an excellent resource for an individual seeking guardianship of a minor. An experienced family law attorney from Johnson Law Group may be able to assist with the process. For more information, consider scheduling a consultation by calling the office at (720) 744-3513.
