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Can parents have guardianship of their child when they are over 18 years of age?
Wiki User
∙ 14y ago
If they have legal custody, they are, by definition, the legal guardians.
Wiki User
∙ 14y ago
Wiki User
∙ 14y agoIn Mississippi, the ae of majority is 21. A child with developmental limitations can still be under the care of a parent.
Wiki User
∙ 16y agoIt is still the mother.
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Can you take your own child from child services if you are the only one that has legal guardianship over the child?
It sounds as if child protective services has guardianship and, if so, you can't simply take your child back from them.
How is guardianship acquired?
In general, guardianship can be acquired in two ways: either by assumption as the biological parents or through a court order. Legal guardianship is considered to be binding until the death of the guardian, the authority is terminated by court order or the child reaches the age of majority. However, it should be noted that there are different types of guardianship, some of which can be granted on a temporary basis even if the primary guardian has not relinquished authority over the child.
Can a child decide to live with their grand parents in Texas?
Child's Choice of Managing Conservator (custodial or primary residential parent)If the child is 10 years of age or older, the child may, by writing filed with the court, choose the managing conservator, subject to the approval of the court. TEX.FAM.CODE ANN. § 153.008. The court retains discretion to determine whether to honor the child's choice. Further, in a non-jury trial the court may interview the child in chambers to determine the child's wishes as to conservatorship. TEX.FAM.CODE ANN. § 153.009. Upon the request of a party, the court must interview the child.This is up to the judge. The Texas law does not specifically address this. But, there are alternatives. see links
Do both the mother and father have to pay child support if grandmother has custody?
Unfortunately, you still have to pay if these are her grandparents. It is up to the grandparents to suggest to her that she pay something towards the children. If they are your grandparents then they can seek legal council and demand she too pay child support. If she is living with the grandparents and raising your child then it is solely up to the grandparents to decide if they foot the bill or she does. Sorry. Marcy
How do you keep your aunt from obtaining guardianship?
If you are a minor and you are asking the question about guardianship over you -- you may not have any say in the matter. The court or the Dept of Child & Family Services may have the strongest input depending on what they believe will be in your best interests over the long run. You may be asked your opinion but it may not go the way you want just because you ask for it.
If a girls parent has guardianship over her and she has a child do the parents of the girl also have guardianship over the baby?
Yes, of course. Only if you mean the original parent's baby though.
Can you take your own child from child services if you are the only one that has legal guardianship over the child?
It sounds as if child protective services has guardianship and, if so, you can't simply take your child back from them.
Can a person obtain guardianship over a minor if parents sign over their rights?
Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.Yes. If the parents sign their consent it is likely that the court will allow the guardianship after the situation has been evaluated.
Can your sister get custody of your child?
Your sister can request guardianship of your child through a petition to the family court. She would need to provide evidence that the guardianship would be in the best interest of the child and the parents are unfit. The court would appoint professionals to evaluate the situation and report back to the judge. The judge could approve the guardianship if there was clear evidence that the welfare of the child would be better served if the child was in the custody of your sister, rather than yourself. The father must consent or the court must rule over his rights also. The process would proceed quickly if the guardianship is voluntary and both parents consent.
If both parents sign over temporary custody to a grandparent can the parent who has physical custody terminate the guardianship and take the child back?
It depends on the State the parent and child reside in, the State the temporary legal guardianship was signed in, and weather or not a judge was involved. Usually a temporary guardianship is revocable by either of the natural parents, either by having a revocation notarized or by simply writing on their copy of the temporary guardianship form that such guardianship is being revoked with a signature and date of revocation. This is then presented to the temporary guardian and the child is turned straight over to the natural parent who now wishes guardianship returned to them. The temporary guardian can fight the issue and get the courts involved, but the vast majority of time things go the parents way in these regards. Again, it all goes back to circumstance and especially the State where this is all taking place. I would suggest googling "temporary guardianship rights", or see if you can look up the specific legal codes on guardianship in your state.
How can you get custody of a younger sibling if both your parents are mentally unstable and won't agree to signing over guardianship?
You file a child in need of care motion with the court.
How is guardianship acquired?
In general, guardianship can be acquired in two ways: either by assumption as the biological parents or through a court order. Legal guardianship is considered to be binding until the death of the guardian, the authority is terminated by court order or the child reaches the age of majority. However, it should be noted that there are different types of guardianship, some of which can be granted on a temporary basis even if the primary guardian has not relinquished authority over the child.
Can I receive child support or federal aid if I'm not related to the child?
If one has guardianship over the child, these programs are available.
Can grandparents become the legal guardian for grandchildren?
No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.No. Non-parents must file for guardianship. Generally, the court will not appoint a non-parent to joint custody with a parent. Either can file a petition for guardianship but the parents rights would have to be terminated by the court in favor of the guardianship. Therfore, the proposed guardian needs the parents' consent or they need to provide evidence to the court that the parents are unfit. You should consult with an attorney who specializes in child custody cases.
If you sign over guardianship to the grandparents do you still have to pay child support?
yes if the grandparents put you on child support.
Can a us citizen become legal guardian to a us child whose parents are illegal?
An illegal alien cannot become a child's guardian. A guardian is someone who is legally allowed to look after a child and lives in a particular country legally.
Who does a child go to if both parents die?
It depends on what other family is still alive. If there is an aunt or uncle - or even an older sister or brother - so long as the prospective guardian is over 18, they would probably be granted guardianship. If there are no surviving relatives, the child would be cared for by the state.
