Petition For Temporary Guardianship Of Minor: Fill & Download for Free

Both father and mother are biological parents and natural guardian of the minor child and have first right on the minor.The transferring the guardianship of the minor child to the grandmother by the father will by no manner affect the claim of the natural guardian mother to ask for it through the Family Court.In India, the petition for seeking complete guardianship of the minor and application for immediate custody should be moved by the mother under the Guardians and Wards Act, 1890.

I am a Michigan based attorney, therefore I will answer as if the question were about Michigan law. If you are in the States, you will need to check with an attorney in your jurisdiction to see if the legislature has something similar.Grandparents do not normally have standing to do anything with a grand child, legally. But there are few instances when they can, and this is one of them. In Michigan, the statute is MCL 700.5204(2) which states (in part) that a person interested in the child’s welfare can seek guardianship of the child when: “The parent or parents do permit the minor to reside with another person and do not provide the other person with legal authority for the minor’s care and maintenance, and the minor is not residing with his or her parent or parents when the petition is filed. “As father, despite having custody, has allowed child to reside with mom’s parents for several years, they would have standing to seek guardianship. If/when guardianship is granted, they can then seek full physical custody and child support from both parents.An easier way is for the father to sign a power of attorney, granting the grandparents temporary guardianship through consent.But, in general, the Courts are not geared for non-lawyers, so it is always best to get a lawyer involved if at all possible. Best wishes.

How does a person get legal guardianship of a family member without a court proceeding?I have heard of temporary guardianships without court proceedings for minors in Colorado. These guardianships would apply if parents are going on vacation, etc. and are leaving their children with adults. The adults would then be able to consent for such things as medical treatment.Otherwise, sorry, but a person needing guardianship over a family member must petition the probate court for an order appointing him/her to that office. As a paralegal who has prepared many conservatorship/guardianship petitions, take it from me, the process is quite involved and expensive.As noted elsewhere, the person for whom the guardianship is sought becomes a ward of the court and s/he is essentially stripped of his/her rights. In other words, probate courts do not pass out guardianship appointments like party favors. All attorney fees and other expenses for obtaining guardianship come out of the protected person’s assets. In a contested guardianship, even opponents’ attorney fees are paid for with the protected person’s assets. As you can imagine, a contested guardianship (and conservatorship -they’re usually applied for at the same time) can quickly deplete the protected person’s estate.Any good and ethical elder law or estates and probate attorney is sure to advise you to try to come up with an alternative to guardianship. Obtaining a guardianship over anyone is an extremely serious and expensive matter. Guardianship (and conservatorship) are legal solutions of last resort.